Is a failure to set out every element of the crime charged in the complaint and supporting deposition a jurisdictional defect?

"New York", United States of America

The following excerpt is from People v. Alfano, 2004 NY Slip Op 24406 (NY 1/7/2004), 2004 NY Slip Op 24406 (N.Y. 2004):

It is uncontroverted that failure to set out every element of the crime charged in the complaint and supporting deposition is a jurisdictional defect. (See People v. Alejandro, 70 NY2d 133 [1987].)

Other Questions


Is a supporting deposition sufficient to support the factual elements of a misdemeanor complaint? ("New York", United States of America)
Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
Does a federal judge's failure to charge the jury on all elements of the relevant crimes constitute a harmless error? (MultiRegion, United States of America)
Does an average adult, whose competency does not appear questionable, subscribe to a supporting deposition without reading or understanding the contents of the supporting deposition? ("New York", United States of America)
Does a finding of extraditability leave appellant vulnerable to being charged with any crime with which the Canadian authorities may choose to charge him? (MultiRegion, United States of America)
What is the test for determining whether a municipality's failure to act was a contributory factor in the failure of a third party to act on a complaint? (MultiRegion, United States of America)
Does not need an alibi charge for presence at scene of crime when there is no evidence of a crime to be proven? (MultiRegion, United States of America)
Does a motion to dismiss an indictment for failure to satisfy the jurisdictional element of the federal arson statute need to include a full proffer of the evidence to be presented at trial? (MultiRegion, United States of America)
Is a failure to allege facts establishing jurisdiction fatal to a complaint? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.