Unfortunately, prosecutors often use time-tested boilerplate language when drafting criminal complaints. The boilerplate language usually contains the elements necessary to withstand a facial sufficiency challenge to the complaint and this makes getting these motions granted difficult. But
Nevertheless, a motion to dismiss is often it is worth a try. but it requires a keen experienced eye of a good criminal defense lawyer to be able to point out a deficiency in a complaint. Call me at 212-786-2999 if you want to discuss getting your New York criminal complaint dismissed on those grounds.
For example, below is actual text from a motion to dismiss a trespassing charge that I filed and won on grounds of facially insufficiency:
People v. Moore, 5 N.Y.3d 725, 727 (N.Y. 2005)
People v. Courtney, 2007 NY Slip Op 51000U, 1 (N.Y. App. Term 2007)
In the instant case, the information fails to establish that the Courtyard was in any way fenced or enclosed in a manner designed to exclude intruders. Thus, on the authority of Moore, Supra and its progeny, the information should be dismissed on grounds that it is facially insufficient.
Call 212-786-2999 for more information on this topic.
One possible means of getting a criminal charge dismissed in New York is to have your lawyer prepare a motion to dismiss for facial insufficiency. A complaint is facially insufficient when it fails to allege all of the elements of the charge with non-hearsay factual allegations.