People v Kravchenko (Roman)

[*1] People v Kravchenko (Roman) 2015 NY Slip Op 51333(U) Decided on September 17, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 17, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, J.
570202/13

The People of the State of New York, Respondent,

against

Roman Kravchenko, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Eileen N. Nadelson, J.H.O.), rendered September 13, 2012, after a nonjury trial, convicting him of violating New York City Administrative Code § 10-125(b), and imposing sentence.

Per Curiam.

Judgment of conviction (Eileen N. Nadelson, J.H.O.), rendered September 13, 2012, reversed, on the law, accusatory instrument dismissed and fine, if paid, remitted.

As the People concede, in the absence of any indication in the record that the adjudication of this criminal prosecution by a Judicial Hearing Officer (J.H.O.) was accompanied by the requisite statutory consent or "agreement of the parties" (CPL 350.20[1]), the conviction obtained below lacked an " essential jurisdictional predicate'" (People v Holt, 182 Misc 2d 919, 920 [1999], quoting Batista v Delbaum, Inc., 234 AD2d 45, 46 [1996]) and must be vacated (Holt at 920).

Since it does not appear that further proceedings on the single Administrative Code charge here involved would serve any useful penological purpose (see People v Burwell, 53 NY2d 849, 851 [1981]), we dismiss the accusatory instrument, a disposition unopposed by the People. In view of the foregoing, we need not consider defendant's remaining arguments on appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: September 17, 2015