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Allegation One-Year-Old Left Unattended in Car Facially Sufficient for Pleading Purposes

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DECISION AND ORDER

*1  The defendant who is charged with Endangering the Welfare of a Child (Penal Law (PL) §260.10[1]), in an omnibus motion, seeks (i) dismissal of the Information as Facially Insufficient, and (ii) suppression of all statements made to law enforcement and all evidence obtained by law enforcement. The defendant’s omnibus motion is denied in its entirety. I. Dismissal of the Information for Facial InsufficiencyAn information is sufficient on its face when the allegations provide reasonable cause to believe that the defendant committed the offense charged, and when the non-hearsay allegations establish, if true, every element of the offense charged and the defendant’s commission thereof. CPL §§100.40(1), 100.15. Reasonable cause exists where there are sufficient facts set forth in the accusatory instrument which would convince a person of ordinary intelligence, judgment and experience that such offenses were reasonably likely to have been committed and that such offenses were committed by the defendant. CPL §70.10(2). Provided that the factual allegations give the defendant sufficient notice to prepare a defense and are adequately detailed to prevent the defendant from being tried twice for the same offense, the allegations should not be given an overly restrictive or technical reading. People v. Casey, 95 NY2d 354, 360 (2000). Although the requirement is not the same as the People’s burden at trial to prove every element of the offenses

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