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Judge Robert M. Mandelbaum Decided: Nov. 4, 2009 Defendant moves to dismiss for facial insufficiency the charge of criminal possession of a forged instrument in the third degree. This court previously rendered an oral decision granting defendant’s motion. This opinion serves to explain the basis for the court’s prior ruling.

In order to be sufficient on its face, an information must provide reasonable cause to believe that the defendant has committed the crime charged and contain nonhearsay allegations that, if true, establish every element of the crime and its commission by the defendant (see CPL 100.40 [1] [b], [c]). Reasonable cause to believe that a person has committed an offense “exists when evidence or information which appears reliable discloses Facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that such offense was committed and that such person committed it” (CPL 70.10 [2]).

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