People v Curtin (Brad)
Annotate this CaseDecided on May 21, 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. 2002-1188 S CR
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
against
BRAD J. CURTIN, Appellant.
Appeal by defendant from judgments of the Justice Court, Town of East Hampton, Suffolk County ( R. Walker, J.), rendered July 16, 2002, convicting him of violating East Hampton Town Ordinance 246 sections 13 and 14, and sentencing him to fines of $100 on each violation.
Judgments of conviction unanimously reversed upon the law, appearance tickets dismissed and fines, if paid, remitted.
Appearance tickets/summonses are not accusatory instruments and their filing does not give a criminal court jurisdiction over the named defendant. Thus, the failure to file with the court proper accusatory instruments charging the person named in the
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appearance tickets with the offenses specified therein mandates reversal of the judgments of conviction and dismissal of the summonses (see People v Cooperman and O'Dell, NYLJ, Jan. 17, 1989 [App Term, 9th & 10th Jud Dists]).
Decision Date: May 21, 2004
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