| People v Ortiz (Victor) |
| 2015 NY Slip Op 50181(U) [46 Misc 3d 142(A)] |
| Decided on February 17, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Woodbury, Orange County (David V. Hasin, J.), rendered August 1, 2012. The judgment convicted defendant, after a nonjury trial, of violating a Village of Woodbury water restriction ordinance.
ORDERED that the judgment of conviction is reversed, as a matter of discretion in the interest of justice, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
After a nonjury trial, defendant was found guilty of violating a water use restriction ordinance enacted by the Village of Woodbury.
In the exercise of our " broad and discretionary power . . . to correct any situation which casts a doubt upon the proper functioning of the courts in the administration of justice' " (People v Kidd, 76 AD2d 665, 668 [1980], quoting People v Ramos, 33 AD2d 344, 348 [1970]; see CPL 470.15 [3] [c]), and in "balancing the interests of this defendant with those of society" (People v Mitchell, 99 AD2d 609, 611 [1984]), we reverse the judgment of conviction and dismiss the accusatory instrument, as this case, given its unique circumstances, "is one of those rare cases where it would be inappropriate to sustain the conviction" (People v Mitchell, 99 AD2d at 610).
Accordingly, the judgment of conviction is reversed and the accusatory instrument is dismissed.
Iannacci, J.P., Tolbert and Garguilo, JJ., concur.