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People v. Three Cross St. Co.

Appellate Term of the Supreme Court of New York, Second Department
Mar 24, 2004
2004 N.Y. Slip Op. 50189 (N.Y. App. Term 2004)

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]).


Summaries of

People v. Three Cross St. Co.

Appellate Term of the Supreme Court of New York, Second Department
Mar 24, 2004
2004 N.Y. Slip Op. 50189 (N.Y. App. Term 2004)
Case details for

People v. Three Cross St. Co.

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THREE CROSS STREET CO…

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

Date published: Mar 24, 2004

Citations

2004 N.Y. Slip Op. 50189 (N.Y. App. Term 2004)