People v Durao (Celia)

[*1] People v Durao (Celia) 2004 NY Slip Op 50448(U) Decided on May 20, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 20, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:DECIDED May 20, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-424 S CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

CELIA DURAO, Appellant.

Appeal by defendant from a judgment of the District Court, Suffolk County (E. Sperzel, J.), rendered June 21, 2002, convicting her of violating section 45-4 of the Code of the Town of Brookhaven and imposing sentence.

Judgment of conviction affirmed.

In the case at bar, the filing of the accusatory instrument subsequent to the return date set forth in the appearance ticket does not mandate dismissal of said accusatory instrument, which we find to be legally sufficient (see People v Ricardo Durao, decided
herewith).

McCabe, P.J. and Rudolph, J., concur.

Angiolillo, J., taking no part.
Decision Date: May 20, 2004