People v Curtin (2004 NY Slip Op 50455(U))

[*1]

People v Curtin (Brad)

2004 NY Slip Op 50455(U)

Decided on May 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 21, 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. 2002-1188 S CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

BRAD J. CURTIN, Appellant.

Appeal by defendant from judgments of the Justice Court, Town of East Hampton, Suffolk County ( R. Walker, J.), rendered July 16, 2002, convicting him of violating East Hampton Town Ordinance 246 sections 13 and 14, and sentencing him to fines of $100 on each violation.

Judgments of conviction unanimously reversed upon the law, appearance tickets dismissed and fines, if paid, remitted.

Appearance tickets/summonses are not accusatory instruments and their filing does not give a criminal court jurisdiction over the named defendant. Thus, the failure to file with the court proper accusatory instruments charging the person named in the [*2]
appearance tickets with the offenses specified therein mandates reversal of the judgments of conviction and dismissal of the summonses (see People v Cooperman and O'Dell, NYLJ, Jan. 17, 1989 [App Term, 9th & 10th Jud Dists]).
Decision Date: May 21, 2004