| People v Raskin (Edward) |
| 2008 NY Slip Op 52230(U) [21 Misc 3d 137(A)] [21 Misc 3d 137(A)] |
| Decided on October 30, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 a judgment of the Justice Court of the Village of Cedarhurst, Nassau County
(Andrew Goldsmith, J.), rendered September 19, 2007. The judgment convicted defendant, after
a nonjury trial, of having an "Invalid Inspection" for a vehicle.
Judgment of conviction reversed on the law, accusatory instrument dismissed and fine, if paid, remitted.
Defendant was charged in a "Complaint Ticket" with an "Invalid Inspection" in violation of
Village Code of Cedarhurst section 250.15. The accusatory instrument is jurisdictionally
defective since it does not contain factual allegations which provide reasonable cause to believe
that defendant committed the offense charged (CPL
100.15, 100.40 [1] [b], [4] [b]; see generally People v Alejandro, 70 NY2d 133
[1987]). There are no factual allegations which establish the element of the offense that the
inspection certificate displayed on defendant's vehicle was not valid or that it had expired.
Accordingly, the accusatory instrument is dismissed.
McCabe, J.P., Tanenbaum and Molia, JJ., concur.
Decision Date: October 30, 2008