Appeal by defendant from judgments of the District Court, Suffolk County (E. Sperzel, J.), rendered June 21, 2002, convicting her of three counts of violating section 45-6 of the Code of the Town of Brookhaven and imposing sentences.

Judgments of conviction reversed upon the law, informations dismissed and fines remitted.

The mere allegation in an accusatory instrument that defendant stored a vehicle on property at a single specific time and date, without more, is conclusory and thus does not establish prima facie the commission of the offense of storing a vehicle. Storing a vehicle connotes a sense of permanence, i.e., that said vehicle has remained on the property for a prolonged period of time (Matter of Monument Garage v Levy, 266 NY 339, 344 [1935]; People v Lotito, NYLJ, Jan. 15, 1991 [App Term, 9th & 10th Jud Dists]; People v LaMariana, NYLJ, Jan. 15, 1991 [App Term, 9th & 10th Jud Dists]; cf. People v Brunter, NYLJ, Mar. 1, 2004 [App Term, 9th & 10th Jud Dists] [wherein both the information and supporting deposition as well as the proof at trial established that the junked vehicles remained on the premises for a lengthy period of time]; People v Sikorsky, 195 Misc 2d 534 [App Term, 9th & 10th Jud Dists 2002], lv denied 99 NY2d 619 [2003]). The accusatory instruments herein are devoid of any factual allegations from which it can be inferred that the vehicles remained on the premises for any prolonged period of time. Accordingly, the accusatory instruments must be dismissed.

McCabe, P.J. and Rudolph, J., concur. [*2]

Angiolillo, J., taking no part.
Decision Date: May 20, 2004