[*1]
People v Jiminez (Carl)
2008 NY Slip Op 50427(U) [18 Misc 3d 141(A)]
Decided on March 6, 2008
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 6, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ
570016/06

The People of the State of New York, Respondent,

against

Carl Jiminez, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Frederic Berman, J.H.O.), rendered December 6, 2005, after a nonjury trial, convicting him of trespass, and imposing sentence.


PER CURIAM:

Judgment of conviction (Frederic Berman, J.H.O.), rendered December 6, 2005, reversed, on the law, accusatory instrument dismissed, and fine remitted.

As the People commendably concede, reversal of the judgment of conviction and dismissal of the accusatory instrument are required because the underlying summons failed to contain nonhearsay factual allegations establishing, if true, every element of the offense charged
(see People v Jones, 9 NY3d 259, 261-262 [2007]; People v Alejandro, 70 NY2d 133, 137-138 [1987]). We reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 6, 2008