New York Consolidated Laws

N.Y. Criminal Procedure Law § 100.40 (2026)

Local criminal court and youth part of the superior court accusatory instruments; sufficiency on face

✓ current as of May 2026

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§ 100.40 Local criminal court and youth part of the superior court
               accusatory instruments; sufficiency on face.
  1. An information, or a count thereof, is sufficient on its face when:
  (a) It substantially conforms to the requirements prescribed in
section 100.15; and
  (b) The allegations of the factual part of the information, together
with those of any supporting depositions which may accompany it, provide
reasonable cause to believe that the defendant committed the offense
charged in the accusatory part of the information; and
  (c) Non-hearsay allegations of the factual part of the information
and/or of any supporting depositions establish, if true, every element
of the offense charged and the defendant's commission thereof.
  2. A simplified information is sufficient on its face when, as
provided by subdivision one of section 100.25, it substantially conforms
to the requirement therefor prescribed by or pursuant to law; provided
that when the filing of a supporting deposition is ordered by the court
pursuant to subdivision two of said section 100.25, a failure of the
complainant police officer or public servant to comply with such order
within the time provided by subdivision two of said section 100.25
renders the simplified information insufficient on its face.
  3. A prosecutor's information, or a count thereof, is sufficient on
its face when it substantially conforms to the requirements prescribed
in section 100.35.
  4. A misdemeanor complaint or a felony complaint, or a count thereof,
is sufficient on its face when:
  (a) It substantially conforms to the requirements prescribed in
section 100.15; and
  (b) The allegations of the factual part of such accusatory instrument
and/or any supporting depositions which may accompany it, provide
reasonable cause to believe that the defendant committed the offense
charged in the accusatory part of such instrument.

Notes of Decisions

Cited in 26 cases (9 in the last 5 years), 1987–2025 · leading case: Matter of Michael M., 821 N.E.2d 537 (NY 2004).

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Matter of Michael M., 821 N.E.2d 537 (NY 2004). · cites it 2× “" In stating the rule, however, we tracked the language of the statute governing misdemeanor informations, Criminal Procedure Law § 100.40 (1) (c) which, like the Family Court Act section at issue in this case, contains a "non-hearsay" requirement.”

People v. Wong, 3 Misc. 3d 274 (N.Y. City Crim. Ct. 2004). · cites it 2× “He has moved for an order dismissing the information for facial insufficiency under Criminal Procedure Law § 100.40, as well as other forms of relief.”

People v. Nuruzzaman, 8 Misc. 3d 356 (N.Y. City Crim. Ct. 2005). · cites it 2× “He moves for an order dismissing the forcible touching count for facial insufficiency under Criminal Procedure Law § 100.40, as well as other forms of relief.”

People v. Canjura, 46 Misc. 3d 66 (N.Y. App. Term. 2014). “” In order to be facially sufficient under Criminal Procedure Law § 100.40 (1) (c), an accusatory instrument charging resisting arrest must allege facts that would establish, if true, every element of resisting arrest.”

People v. Bonitto, 4 Misc. 3d 386 (N.Y. City Crim. Ct. 2004). “He moves to dismiss the complaint as facially insufficient, pursuant to Criminal Procedure Law §§ 100.40 and 170.”

People v. Antonovsky, 41 Misc. 3d 44 (N.Y. App. Term. 2013). “2 was based on Criminal Procedure Law § 100.40 (id. at 464), this court declined to extend that rule to the criminal court context in Daryl K.”

Giano v. Martino, 673 F. Supp. 92 (E.D.N.Y 1987). “N.Y. Criminal Procedure Law § 100.40 (4)(b).”

People v. Elliott, 2024 NY Slip Op 51746(U) (2024). · cites it 2× “The defendant seeks, inter alia, an order dismissing the charges on the basis that the information(s) are facially insufficient pursuant to Criminal Procedure Law §§100.40 and 170.30.”

People v. Lewis, 57 Misc. 3d 689 (N.Y. City Crim. Ct. 2017). “*693 Facial Sufficiency Criminal Procedure Law § 100.40 (1) states that an information is sufficient on its face when it substantially conforms with CPL 100.”

People v. Cryer, 2024 NY Slip Op 50527(U) (N.Y. Crim. Ct. 2024). “By Notice of Motion to Dismiss, dated March 12, 2024, defense counsel moves to dismiss the accusatory instrument for facial sufficiency pursuant to Criminal Procedure Law §§ 100.40 and 170.”

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— N.Y. Criminal Procedure Law § 100.40(1) — 2 cases

People v. Elliott, 2024 NY Slip Op 51746(U) (2024). “The defendant seeks, inter alia, an order dismissing the charges on the basis that the information(s) are facially insufficient pursuant to Criminal Procedure Law §§100.40 and 170.30.”

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