People v Nunez (Richard)

[*1] People v Nunez (Richard) 2008 NY Slip Op 52379(U) [21 Misc 3d 141(A)] Decided on November 20, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 20, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ
2007-1741 D CR.

The People of the State of New York, Respondent,

against

Richard Nunez, Appellant.

Appeal from a "judgment" of the Justice Court of the Town of East Fishkill, Dutchess County (William Gee, J.), rendered August 27, 2007. The "judgment" convicted defendant, after a nonjury trial, of violating Town Code of East Fishkill § 63-9 (A) (2).

Appeal dismissed.

Defendant was found guilty of violating Town Code of East Fishkill § 63-9 (A) (2) in that his dogs began barking on June 8, 2007 at 6 A.M. and continued to bark until late that afternoon. The Criminal Procedure Law defines a "judgment" as being "comprised of a conviction and the sentence imposed thereon and is completed by imposition and entry of the sentence" (CPL 1.20 [15]), and a [s]entence means the imposition and entry of sentence upon a conviction" (CPL 1.20 [14]). In the case at bar, the record does not contain an appealable judgment since no sentence was ever imposed by the court below. Accordingly, the appeal is dismissed (see People v Mannino, 231 App Div 860 [1930]).

Rudolph, P.J., McCabe and Scheinkman, JJ., concur.
Decision Date: November 20, 2008