New York CPL 100.40
Pursuant to C.P.L. 170.35(1), an accusatory instrument is defective when it is "not sufficient on its face pursuant to the requirements of C.P.L. section 100.40." C.P.L. 100.40 provides that an Information is facially sufficient when it "substantially conforms to the requirements prescribed in C.P.L. section 100.15" and that the factual allegations contained therein "provide reasonable cause to believe that the defendant committed the offense charged in the accusatory part of such instrument."
The statute further provides that an Information "is sufficient on its face when . . . non-hearsay allegations of the factual part of the Information ... establish, if true, every element of the offense charged and the defendant's commission thereof." C.P.L. 100.40(1)(c). See also C.P.L. 100.15(3).