Is a supporting deposition sufficient to support the factual elements of a misdemeanor complaint?

"CPL 100.15 prescribes the factual requirements of a misdemeanor complaint. In subdivision (3), the statute mandates that the complaint must contain "facts of an evidentiary character supporting or tending to support the charges." These allegations may be based on the personal knowledge of the deponent or upon information and belief. The statute admonishes that "[n]othing contained in this section limits or affects" the requirements that an information must be "supported by non-hearsay allegations" contained in the information itself and/or any supporting depositions. It follows from this statutory language that a misdemeanor complaint can be transformed into a facially sufficient information by factual allegations contained in a supporting deposition. Thus, not all of the essential elemental facts must be contained within the factual portion of the misdemeanor complaint. Thus, any divergence between the facts contained in the body of the misdemeanor complaint and any supporting deposition is of no significant moment as long as the nonhearsay allegations taken from either or both the complaint and the supporting deposition make out the elements of the crime charged. Any other interpretation would eviscerate the significance of the supporting deposition as a factual document with evidentiary value." (People v. Modica, supra at 636)