Opinion
October 24, 2000
Frank Curtin, appellant pro se.
Joel Sikowitz, Village Attorney of Village of Babylon, for respondent.
PRESENT: DiPAOLA, P.J., FLOYD and DOYLE, JJ.
MEMORANDUM
Judgment of conviction unanimously reversed on the law, "accusatory instrument" dismissed and fine remitted.
An appearance ticket is not an accusatory instrument and its filing does not give a court jurisdiction over defendant. Thus, the failure to file with the court a proper accusatory instrument mandates reversal and dismissal of the summons (see, People v. Cooperman and O'Dell, NYLJ, January 17, 1989 [App Term, 9th 10th Jud Dists]; People v. McKee, NYLJ, March 3, 1997 [App Term, 9th 10th Jud Dists]).