Opinion
No. 23110021
12-14-2023
The People of the State of New York, v. Bonham Strand LLC, Defendant.
Unpublished Opinion
David A. Koenigsberg, J.
Defendant is charged with violations of Village of Dobbs Ferry Code § 204-129, Failure to Provide Heat, and Code § 204-100, for Apartment 3N, 2 Main Street, Dobbs Ferry, New York. Dickon Tong, President of Bonham Strand LLC admits that he was served with copies of a Notice of Violation in open court on November 9, 2023 regarding failure to provide heat on November 8, 2023, and in open court on November 16, 2023, with a second Notice of Violation for failure to provide heat on November 11, 2023. These notices were assigned Docket No. 23110021.
Mr. Tong also admitted that on November 16, 2023, he was served in open court with a Notice of Violation for failure to provide hot water to Apartment 3N on November 7, 2023. This notice were assigned Docket No. 23110022.
A trial hearing was conducted on December 7, 2023 at 2:45 PM. John Stone, Assistant Building Inspector, Village of Dobbs Ferry, and Russell Maitland, Fire Inspector, Village of Dobbs Ferry, testified for the People. The following documents were admitted into evidence: People's Exhibits 1, 2, 3, 4, 5, 6, 7 and 8; Court Exhibit 1.
Dickon Tong testified for Defendant, but for the reasons stated below, his testimony and the exhibits he introduced (Defendant's Exhibits A and B) are stricken from the record.
As a corporate defendant, Bonham Strand LLC "must appear by counsel." Criminal Procedure Law § 600.20. The only person who has appeared on behalf of Defendant on November 16, 2023, November 30, 2023, and December 7, 2023 was Mr. Tong. On December 7, 2023, Mr. Tong was advised that Defendant had the right to appear by counsel, but Mr. Tong, as President of Defendant, stated Defendant would not hire an attorney.
As a result of Defendant's failure to appear by counsel "the court may enter a plea of guilty and impose sentence." CPL § 600.20; see People v. Ho, 77 Misc.3d 26 (App. Term, 2d Dep't 9th & 10th Jud. Dist. 2022) (directing entry of guilty verdict against Living Water Victory Church after failure to appear by counsel). Accordingly, the Court directs entry of a guilty plea by default against Bonham Strand LLC on each of Docket No. 23110021 and No. 23110022.
At the hearing held on December 7, 2023 at 2:45 PM, the People proved that Defendant failed to provide heat to Apartment 3N on November 8, 2023, November 11, 2023, and December 4, 2023, in violation of § 204-129. In addition, the People proved that Defendant failed to provide hot water to Apartment 3N on November 7, 2023, in violation of § 204-100.
Exhibit 7 is an email from Defendant to the Village Fire Inspector which states:
People who filed this complaint at apt 3N are Trespassing on our property without a lease (holdover 3 mo). Heating system was not been winter serviced and we not spending more $ on maintenance/repairs, we are in the process of an evicting these trespassers. Trespassers has no rights to file a complaint.
According to Village Code § 1-10, General Penalties, "any person who shall commit an an offense against any provision of the Code of Dobbs Ferry shall, upon conviction be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 day or both."
The People proved that Defendant violated Village Code § 204-129 on three dates. For each violation Defendant is fined $250, for a total fine of $750 on Docket No. 23110021.
The People proved that Defendant violated the Village Code § 204-100 on one date. For that violation Defendant is fined $250, for a total fine of $250 on Docket No. 23110022.
Based on the foregoing, Defendant is hereby found guilty by default and fined $750 on Docket No. 23110021, and $250 on Docket No. 23110022, for a total of $1,000. If Defendant fails to pay the fine on or before January 3, 2024, the fines totaling $1,000 shall be entered as a lien upon 2 Main Street, Dobbs Ferry, New York, and added to the tax rolls for that property.
The foregoing constitutes the verdict and sentence in this matter.