Appeal by defendant from a judgment of the City Court of Poughkeepsie, Dutchess County (R. McGaw, J.), rendered June 16, 2003, convicting him, after trial, of violating sections 19-7.2, 19-7.3 and 19-7.4 of the Code of Ordinances of the City of Poughkeepsie and imposing sentence.

Judgment of conviction unanimously affirmed.

In this prosecution for violation of sections 19-7.2, 19-7.3 and 19-7.4 of the Code of Ordinances of the City of Poughkeepsie, we find that the court acted properly when it granted the People's motion to preclude defendant from offering testimony tending to establish a defense of collateral estoppel against the municipality as said defense was not, under the circumstances herein, available to defendant. The issue concerning the alleged impropriety of service of the notice to abate was not raised by defendant in the affidavit of errors and is therefore not properly before this court (see CPL 450.10, 450.15; People v Prior, 4 NY2d 70 [1958]; People v Otto, 2003 NY Slip Op 51181 [U] [App Term, 9th & 10th Jud Dists]; People v Sullivan, 87 Misc 2d 254 [App Term, 9th & 10th Jud Dists 1976]; see also CPL 460.10 [3] [e]; People v Knight, 72 NY2d 481, 488 [1988]). Finally, defendant's contention that the accusatory instrument is defective in that it fails to establish defendant's relationship to the property is without merit given the ordinances involved herein (see People v Discount Auto Repair, 2002 NY Slip Op 40214 [U] [App Term, 9th & 10th Jud Dists]; see also People v Casey, 95 NY2d 354 [2000]).
Decision Date: December 09, 2004