Opinion
2002-1202 DCR.
Decided June 9, 2004.
Appeal by defendant from a judgment of the City Court, City of Poughkeepsie, Dutchess County (R. McGaw, J.), rendered July 26, 2002, convicting him of resisting arrest (Penal Law § 205.30) and imposing sentence.
Judgment of conviction unanimously reversed on the law, accusatory instrument dismissed and surcharge and fee, if paid, remitted.
PRESENT: McCABE, P.J., RUDOPLH and ANGIOLILLO, JJ.
The accusatory instrument charging defendant with resisting arrest (Penal Law § 205.30) is jurisdictionally defective inasmuch as the factual part thereof does not contain allegations establishing each and every element of the offense charged, including probable cause to arrest defendant ( see People v. Alejandro, 70 NY2d 133; People v. Rodriguez, 1 Misc 3d 135 [App Term, 9th 10th Jud Dists 2003]; 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]).