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People v Mavrosen (Denise)
2011 NY Slip Op 50587(U) [31 Misc 3d 131(A)]
Decided on April 1, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 1, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., LaCAVA and IANNACCI, JJ
2009-2104 N CR.

The People of the State of New York, Respondent,

against

Denise Mavrosen, Appellant.


Appeal from a judgment of the Justice Court of the Village of Plandome Manor, Nassau County (Lawrence Schaffer, J.), rendered September 2, 2009. The judgment convicted defendant, after a nonjury trial, of violating chapter 174.8 (B) (1) of the Code of the Village of Plandome Manor.


ORDERED that the judgment of conviction is reversed, on the law, the accusatory instrument is dismissed, and the fine, if paid, is remitted.

The evidence at the nonjury trial failed to establish that defendant maintained accessory structures on the front yard of her home in violation of chapter 174.8 (B) (1) of the Code of the Village of Plandome Manor. Rather, the evidence indicated that the structures in question are located on municipal property and not on defendant's property. Accordingly, the judgment of conviction is reversed, the accusatory instrument is dismissed and the fine, if paid, is remitted. Nicolai, P.J., and LaCava, J., concur.

Iannacci, J., taking no part.
Decision Date: April 01, 2011