From Casetext: Smarter Legal Research

People v. Smith

Appellate Term of the Supreme Court of New York, Second Department
Jan 30, 2009
2009 N.Y. Slip Op. 50166 (N.Y. App. Term 2009)

Opinion

2007-1614 N CR.

Decided January 30, 2009.

Appeal from a judgment of the Justice Court of the Village of Flower Hill, Nassau County (J. Bruce Byrne, J.), rendered April 25, 2007. The judgment, after a nonjury trial, convicted defendant of violating section 201-7 of the Village Code of the Village of Flower Hill.

Judgment of conviction reversed on the law, accusatory instrument dismissed, and fine, if paid, remitted.

PRESENT: RUDOLPH, P.J., TANENBAUM and LaCAVA, JJ.


Since the accusatory instrument herein was not verified in a manner as set forth in CPL 100.30, it was not valid and the court never obtained jurisdiction over defendant ( see CPL 100.15, 100.30; People v Roslyn Sephardic Ctr. , 17 Misc 3d 74 [App Term, 9th 10th Jud Dists 2007]; People v Kessman Bros., 2002 NY Slip Op 50653[U] [App Term, 9th 10th Jud Dists 2002]). In light of the foregoing, we do not reach defendant's remaining contentions.

Accordingly, the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.

Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.


Summaries of

People v. Smith

Appellate Term of the Supreme Court of New York, Second Department
Jan 30, 2009
2009 N.Y. Slip Op. 50166 (N.Y. App. Term 2009)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEIL SMITH, Appellant

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jan 30, 2009

Citations

2009 N.Y. Slip Op. 50166 (N.Y. App. Term 2009)