Opinion
No. 2010–3330 Q CR.
2013-03-15
The PEOPLE of the State of New York, Respondent, v. Khursh MIAN, Appellant.
Present: PESCE, P.J., RIOS and SOLOMON, JJ.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Cesar Quinones, J.H.O.), rendered September 23, 2010. The judgment convicted defendant, after a nonjury trial, of violating Administrative Code of the City of New York § 15–216(a).
ORDERED that the judgment of conviction is reversed, on the law, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
After a nonjury trial, the judicial hearing officer convicted defendant, initially charged with disorderly conduct (Penal Law § 240.20[1] ), of violating Administrative Code of the City of New York § 15–216(a). For the reasons stated in People v. Robinson (36 Misc.3d 158[A], 2012 N.Y. Slip Op 51807[U] [App Term, 2d, 11th & 13th Jud Dists 2012] ), the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.