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.)