People v Denizard (2004 NY Slip Op 50233(U))

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People v Denizard (Eddy)

2004 NY Slip Op 50233(U)

Decided on April 1, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 1, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DECIDED April 1, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2003-478 S CR

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

against

EDDY DENIZARD, Respondent.

Appeal by the People from an order of the District Court, Suffolk County

(J. Toomey, Jr., J), dated January 13, 2003, which granted defendant's motion dismissing the information.

Order unanimously affirmed.

Defendant herein was charged with a violation of section 68-23 (A) of the Islip Town Code in that he allegedly altered the premises without the requisite permit. The factual allegations of the accusatory instrument set forth that defendant, as owner, "did allow and maintain an exterior cellar entrance on the south side of the rear yard, along with interior alterations. . .without the proper permit for such use." Since, as the District Court noted, the factual allegations failed to contain facts to the effect that defendant
altered the premises by constructing said cellar entrance along with the interior alterations, the information is facially insufficient (see CPL 100.40 [1]; 100.15;
see also People v Hall, NYLJ, Mar. 10, 2004 [App Term, 9th & 10th Jud Dists]).
Decision Date: April 01, 2004