Opinion
05-12-2017
The PEOPLE of the State of New York, Respondent, v. Lorraine WYNTER, Defendant–Appellant.
Judgment of conviction (John H. Wilson, J.), rendered October 24, 2014, reversed, on the law, accusatory instrument dismissed, and fine and surcharge, if paid, remitted.
Reversal of the judgment convicting defendant of willful violation of health laws is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the elements of the charged crime (see People v. Howlett, 51 Misc.3d 141[A], 2016 N.Y. Slip Op 50629[U] [App Term, 1st Dept 2016] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.