| People v Smith (Neil) |
| 2009 NY Slip Op 50166(U) [22 Misc 3d 131(A)] |
| Decided on January 30, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Flower Hill, Nassau County (J.
Bruce Byrne, J.), rendered April 25, 2007. The judgment, after a nonjury trial, convicted defendant of
violating section 201-7 of the Village Code of the Village of Flower Hill.
Judgment of conviction reversed on the law, accusatory instrument dismissed, and fine, if paid, remitted.
Since the accusatory instrument herein was not verified in a manner as set forth in CPL 100.30, it was not valid and the court never obtained jurisdiction over defendant (see CPL 100.15, 100.30; People v Roslyn Sephardic Ctr., 17 Misc 3d 74 [App Term, 9th & 10th Jud Dists 2007]; People v Kessman Bros., 2002 NY Slip Op 50653[U] [App Term, 9th & 10th Jud Dists 2002]). In light of the foregoing, we do not reach defendant's remaining contentions.
Accordingly, the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: January 30, 2009