Opinion
2002-1188 SCR.
Decided May 21, 2004.
Appeal by defendant from judgments of the Justice Court, Town of East Hampton, Suffolk County (R. Walker, J.), rendered July 16, 2002, convicting him of violating East Hampton Town Ordinance 246 sections 13 and 14, and sentencing him to fines of $100 on each violation.
Judgments of conviction unanimously reversed upon the law, appearance tickets dismissed and fines, if paid, remitted.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
Appearance tickets/summonses are not accusatory instruments and their filing does not give a criminal court jurisdiction over the named defendant. Thus, the failure to file with the court proper accusatory instruments charging the person named in the appearance tickets with the offenses specified therein mandates reversal of the judgments of conviction and dismissal of the summonses ( see People v. Cooperman and O'Dell, NYLJ, Jan. 17, 1989 [App Term, 9th 10th Jud Dists]).