What is the test for an information that fails to meet the prima facie case requirement in a criminal case?

"New York", United States of America

The following excerpt is from People v. Niang, 160 Misc.2d 500, 609 N.Y.S.2d 1017 (N.Y. City Ct. 1994):

In order for an information to be sufficient on its face, the non-hearsay allegations of the factual part of the information and/or of any supporting depositions which may accompany it, must establish, if true, every element of the offense charged and defendant's commission thereof. (See, CPL 100.40[1][c].) An information which fails to meet this prima facie case requirement is jurisdictionally defective and must be dismissed. (See, People v. Alejandro, 70 N.Y.2d 133, 517 N.Y.S.2d 927, 511 N.E.2d 71 [1987].)

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