[*1]
People v Mian (Khursh)
2013 NY Slip Op 50412(U) [39 Misc 3d 127(A)]
Decided on March 15, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 15, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and SOLOMON, JJ
2010-3330 Q CR.

The People of the State of New York, Respondent, —

against

Khursh Mian, Appellant.


Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Cesar Quinones, J.H.O.), rendered September 23, 2010. The judgment convicted defendant, after a nonjury trial, of violating Administrative Code of the City of New York § 15-216 (a).


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

After a nonjury trial, the judicial hearing officer convicted defendant, initially charged with disorderly conduct (Penal Law § 240.20 [1]), of violating Administrative Code of the City of New York § 15-216 (a). For the reasons stated in People v Robinson (36 Misc 3d 158[A], 2012 NY Slip Op 51807[U] [App Term, 2d, 11th & 13th Jud Dists 2012]), the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.

Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: March 15, 2013