People v Three Cross St. Co. (2004 NY Slip Op 50189(U))

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People v Three Cross St. Co.

2004 NY Slip Op 50189(U)

Decided on March 24, 2004

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 24, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DECIDED March 24, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-526 RO CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, —

against

THREE CROSS STREET CO. and AL KATZ, Appellants.

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.

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 [1]; People v Alejandro, 70 NY2d 133 [1987]; People v Naso, NYLJ, Jan. 8, 1996 [App Term, 9th & 10th Jud Dists]).
Decision Date: March 24, 2004