Opinion
2006-1578 W CR.
Decided on December 21, 2007.
Appeal from a judgment of the City Court of Yonkers, Westchester County (Charles D. Wood, J.), rendered on June 20, 2006. The judgment convicted defendant, after a nonjury trial, of violating "Section PMC 101.2 . . . NYS Uniform Fire Code . . . 19 NYCRR."
Judgment of conviction reversed on the law, accusatory instrument dismissed and fine, if paid, remitted.
PRESENT: RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.
The accusatory portion of the information charged defendant with violating Property Maintenance Code § 101.2, with no further text. Property Maintenance Code
§ 101.2 is entitled "Scope." It merely sets forth the scope of the Code, and does not create an offense. Moreover, the factual portion of the information alleged only a "failure to up grade [ sic] and maintain" the ventilation system, and gave no indication of how the existing system was in violation of the Code. The information was therefore not sufficient on its face ( see CPL 100.15, [2], [3]; 100.40 [1]) and must be dismissed ( see People v Hall, 48 NY2d 927, 927; see also People v Alejandro, 70 NY2d 133; cf. People v Casey, 95 NY2d 354, 361). In view of our disposition of this matter, we do not reach the other issues raised by defendant.
Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.