| People v Kaloedas Realty Enters., Inc. |
| 2007 NY Slip Op 52435(U) [18 Misc 3d 128(A)] |
| Decided on December 21, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the City Court of Yonkers, Westchester County (Charles D.
Wood, J.), rendered on June 20, 2006. The judgment convicted defendant, after a nonjury trial, of
violating "Section PMC 101.2 . . . NYS Uniform Fire Code . . . 19 NYCRR."
Judgment of conviction reversed on the law, accusatory instrument dismissed and fine, if paid, remitted.
The accusatory portion of the information charged defendant with violating Property
Maintenance Code § 101.2, with no further text. Property Maintenance Code
§ 101.2 is entitled "Scope." It merely sets forth the scope of the Code, and does not
create an offense. Moreover, the factual portion of the information alleged only a "failure to up
grade [sic] and maintain" the ventilation system, and gave no indication of how the
existing system was in violation of the Code. The information was therefore not sufficient on its
face (see CPL 100.15 [1], [2], [3]; 100.40 [1]) and must be dismissed (see People v
Hall, 48 NY2d 927, 927 [1979]; see also People v Alejandro, 70 NY2d 133 [1987];
cf. People v Casey, 95 NY2d 354, 361 [2000]). In view of our disposition of this matter,
we do not reach the other issues raised by defendant.
Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.
[*2]
Decision Date: December 21, 2007