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People v Sloup (Frank)
2005 NYSlipOp 50969(U)
Decided on June 24, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 24, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: June 24, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., McCABE and COVELLO, JJ.
2004-1481 S CR

The People of the State of New York, Appellant,

against

Frank Sloup, Respondent.


Appeal by the People from an order of the District Court, Suffolk County (P. Flanagan, J.), dated September 20, 2004, granting defendant's motion to dismiss the accusatory instrument charging a violation of Chapter 37-56 (A) of the Code of the Town of Islip as jurisdictionally defective.


Order unanimously affirmed.

The accusatory instrument herein charged defendant with violating the ordinance by placing crab traps with attached floating fishing buoys in the harbor so as to create a hazard to navigation. However, the gravamen of the offense charged is not the placement of said objects but the failure to remove same. Inasmuch as no allegation was made regarding the failure to remove the traps, the accusatory instrument is
jurisdictionally defective (see Code of the Town of Islip, Chapter 37-56 [A]; see also CPL 100.40 [1]; 100.15; People v Casey, 95 NY2d 354 [2000]; People v Alejandro, 70 NY2d 133 [1987]).
Decision Date: June 24, 2005