Opinion
2003-478 S CR.
Decided April 1, 2004.
Appeal by the People from an order of the District Court, Suffolk County (J. Toomey, Jr., J), dated January 13, 2003, which granted defendant's motion dismissing the information.
Order unanimously affirmed.
PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.
Defendant herein was charged with a violation of section 68-23 (A) of the Islip Town Code in that he allegedly altered the premises without the requisite permit. The factual allegations of the accusatory instrument set forth that defendant, as owner, "did allow and maintain an exterior cellar entrance on the south side of the rear yard, along with interior alterations . . . without the proper permit for such use." Since, as the District Court noted, the factual allegations failed to contain facts to the effect that defendant altered the premises by constructing said cellar entrance along with the interior alterations, the information is facially insufficient ( see CPL 100.40; 100.15; see also People v. Hall, NYLJ, Mar. 10, 2004 [App Term, 9th 10th Jud Dists]).