People v. Alejandro

In People v. Alejandro, 70 NY2d 133, 511 N.E.2d 71, 517 N.Y.S.2d 927 (1987), the Court of Appeals referred to this mandate as "the prima facie case' requirement." Since a defendant accused of a misdemeanor offense is not afforded the same procedural safeguards present in felony prosecutions, the Court reasoned that such a showing was necessary because an Information is the sole accusatory instrument upon which such defendant can be prosecuted. Id. at 137-139.