In People v. Seward (173 Misc 2d 1020 [Mt. Vernon City Ct 1997]) the court dismissed an accusatory instrument for facial insufficiency where the defendant was charged with leaving a child home alone for roughly half an hour because the court determined such conduct was not a crime. But the court also noted that the complaint was not properly converted because a statement by a police officer within the factual allegations of the complaint that the child "appeared to be 6 years of age" was insufficient to cure the hearsay. (Supra, at 1021.)