| People v Barr (John) |
| 2018 NY Slip Op 50855(U) [59 Misc 3d 152(A)] |
| Decided on June 11, 2018 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John Cataldo, J.H.O,), rendered December 12, 2016, after a nonjury trial, convicting him of public consumption of alcohol, and imposing sentence.
Per Curiam.
Judgment of conviction (John Cataldo, J.H.O,), rendered December 12, 2016, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.
Based on the People's concession that the accusatory instrument was jurisdictionally defective, we reverse defendant's Summons Part conviction and dismiss the accusatory instrument without addressing the merits of the issue (see generally People v Whitelow, 2 AD3d 1393 [2003], lv denied 2 NY3d 748 [2004]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.