| People v Conklin (Robert) |
| 2007 NY Slip Op 50385(U) [14 Misc 3d 144(A)] |
| Decided on February 28, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Justice Court of the Town of Patterson, Putnam County (John E. King, J.), dated February 14, 2006. The order dismissed the action.
Order affirmed.
The record herein contained only an appearance ticket/summons relative to the alleged violation of section 3404.2.2 of the New York State Uniform Fire Prevention and Building Code. It is well settled that appearance tickets/summonses are not accusatory instruments and their filing does not give a criminal court jurisdiction over the named defendant (see CPL 150.10, 150.50; see also People v Cooperman and O'Dell, NYLJ, June 17, 1989 [App Term, 9th & 10th Jud Dists]). Since there is no indication upon this record that the People filed a proper accusatory instrument with the court (see CPL 150.50), the court never acquired jurisdiction and dismissal of the summons, under the circumstances, was proper (see People v Passalacqua, 7 Misc 3d 131[A], 2005 NY Slip Op 50554[U] [App Term, 9th & 10th Jud Dists]; People v Curtin, 3 Misc 3d 134[A], 2004 NY Slip Op 50455[U] [App Term, 9th & 10th Jud Dists]). Accordingly, the order dismissing the action is affirmed.
Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: February 28, 2007