Opinion
2003-526 RO CR.
Decided March 24, 2004.
Appeal by defendants from a judgment of the Justice Court, Village of Suffern, Rockland County (M. Byrne, J.), rendered March 7, 2003, convicting them of violating sections 266.60 and 266.48 of the Village of Suffern Building and Zoning Code and imposing sentence.
Judgment of conviction unanimously reversed on the law, fines remitted and accusatory instrument dismissed.
Present: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
The failure of the factual portion of the accusatory instrument to contain allegations establishing every element of the offenses charged and defendants' commission thereof, including defendants' relationship to the subject premises, constitutes a non-waivable jurisdictional defect (CPL 100.15, 100.40; People v. Alejandro, 70 NY2d 133; People v. Naso, NYLJ, Jan. 8, 1996 [App Term, 9th 10th Jud Dists]).