Per Curiam
Antonovsky appealed from a judgment convicting him of attempted petit larceny and attempted criminal possession of stolen property. The prosecution alleged Antonovsky entered a retail store with an empty merchandise box, filled it with merchandise from the shelves and obtained a refund of the merchandise’s price. The accusatory instrument relied on supporting depositions of a named store clerk and a police officer. Prosecutors obtained and filed corroborative affidavits from the employee and officer, after they were unable to locate the original supporting depositions, attesting they had read the complaint and the facts asserted were true. Antonovsky moved for dismissal arguing he never waived his right to be tried by information, claiming the affidavits were legally insufficient to convert the complaint to an information. The panel found the employee’s trial testimony was legally sufficient to verify the complaint and support the convictions. It noted hearsay defects in accusatory instruments were non-jurisdictional and waivable, finding the accusatory instrument as supplemented by the corroborative affidavits was sufficient to constitute a Criminal Court information. Thus, the judgment of conviction was affirmed.
