Opinion
2002-1759 W CR.
Decided December 17, 2003.
Appeal by defendant from a judgment of the Justice Court, Village of Sleepy Hollow, Westchester County (J. Lewis, J.), rendered September 9, 2002, convicting him, after a jury trial, of resisting arrest and imposing sentence.
Judgment of conviction unanimously reversed on the law and accusatory instrument dismissed.
PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.
Upon a review of the record, we find that the accusatory instrument charging defendant with resisting arrest is jurisdictionally defective. The facts of the lawful arrest for assault are not alleged in the factual portion of the instrument and, therefore; there is no basis to determine whether probable cause existed to arrest defendant ( see People v. Valvano, NYLJ, Nov. 27, 2000 [App Term, 9th 10th Jud Dists]; People v. Lamarca, NYLJ, Mar. 11, 1999 [App Term, 9th 10th Jud Dists]; People v. Stellaci, NYLJ, July 1, 1998 [App Term, 9th 10th Jud Dists]).