Roger H. Hausch, Mineola, for defendant.
Denis E. Dillon, District Attorney of Nassau County, Mineola, for plaintiff.
OPINION OF THE COURT
SUSAN T. KLUEWER, J. Defendant's motion to dismiss the accusatory instrument as defective is granted. were applicable here, the details relayed through Officer Ruvolo are not properly considered in ruling on the sufficiency of the accusatory instrument. Without them, the accusatory instrument, apart from its other shortcomings, would fail for want of any meaningful facts. The accusatory instrument filed in this case is jurisdictionally defective (CPL 100.40, 170.35). It is, therefore, dismissed.