New York Criminal Procedure Law 100.40 Requirements

In People v. Casey, 95 N.Y.2d 354, 740 N.E.2d 233 (2000), the Court of Appeals noted that CPL 100.40 sets forth two requirements for a facially sufficient information "first, there must be factual allegations establishing every element of the offense and second, those allegations must be 'non-hearsay' " (Casey, 95 N.Y.2d at 362). The Court of Appeals went on to explain that while the first requirement is a non-waivable jurisdictional defect, a violation of the second requirement, that the allegations be non-hearsay, is not jurisdictional, and therefore any objection to such a violation may be waived, if it is not raised in a timely manner (Id. at 362, 363.)