New York Court of Appeals, 1979

People v. Hall

New York Court of Appeals · Decided December 13, 1979

48 N.Y.2d 927; 401 N.E.2d 179; 425 N.Y.S.2d 56; 1979 N.Y. LEXIS 2533

Cases that cite this one

74 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Dreyden (Appellate Terms of the Supreme Court of New York 2010)
People v. Plateau Associates LLC (New York Town and Village Courts 2012)
People v. Malausky (Rochester City Court 1985)
Ayre v. State (Md. 1981)
People v. Roslyn Sephardic Center (Appellate Terms of the Supreme Court of New York 2007)
People v. Krathaus (New York County Courts 1999)
People v. Moorehead (Greece Justice Court 1996)
People v. Godfrey (Criminal Court of the City of New York 1988)
People v. Caraballo (Criminal Court of the City of New York 1987)
In re Isaac W. (Appellate Division of the Supreme Court of New York 1982)
People v. Redding (Criminal Court of the City of New York 1981)
People v. Lewis (Criminal Court of the City of New York 2017)
People v. Peterson (Nassau County District Court 2015)
People v. Kramer (Massapequa Park Justice Court 2014)
People v. Olsen (Massapequa Park Justice Court 2012)
ROACH, RICHARD, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
FERENCHAK, RALPH P., PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
People v. Ferenchak (Appellate Division of the Supreme Court of New York 2011)
People v. Roach (Appellate Division of the Supreme Court of New York 2011)
People v. Mahoney (New York Town and Village Courts 2011)
People v. Patten (City of New York Municipal Court 2011)
People v. All State Properties, LLC (Hempstead Justice Court 2010)
People v. Yarborough (New York Supreme Court 2008)
People v. Garcia (New York Supreme Court 2008)
People v. M.R. (New York Supreme Court 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the County Court should be reversed and the information dismissed.

It is a fundamental and nonwaivable jurisdictional prerequisite that an information state the crime with which the defendant is charged and the particular facts constituting that crime (People v Case, 42 NY2d 98, 99; People v Harper, 37 NY2d 96, 99; People v McGuire, 5 NY2d 523, 525). In order for an information to be sufficient on its face, every element of the offense charged and the defendant’s commission thereof must be alleged (CPL 100.40, subd 1, par [c]; 100.15, subd 3).

Here the information charging harassment recited only that defendant, who it also alleges indicated that his desire was that the complainant leave the defendant’s premises, "did strike, shove and otherwise subject [the complainant] to physi*928cal contact and threatened * * * physical harm.” It failed to specify an essential element of the crime, which is that the acts be done "with intent to harass, annoy or alarm” (Penal Law, § 240.25). Absent such an allegation, the acts complained of did not constitute criminal conduct and, hence, defendant’s conviction was jurisdictionally defective (see People v Case, supra; People v McGuire, supra).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.