People v Lowry (Bruce)

[*1] People v Lowry (Bruce) 2007 NY Slip Op 51287(U) [16 Misc 3d 129(A)] Decided on June 25, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 25, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2006-1302 S CR.

The People of the State of New York, Respondent,

against

Bruce D. Lowry, JR., Appellant.

Appeal from a judgment of the Justice Court of the Village of Babylon, Suffolk County (John T. Rafter, J.), rendered June 26, 2006. The judgment convicted defendant, after a nonjury trial, of violating section 269-7 of the Code of the Village of Babylon.

Judgment of conviction reversed on the law, accusatory instrument dismissed and fine, if paid remitted.

A review of the accusatory instrument, denominated an information, indicates that it failed to contain the required statement alleging facts of an evidentiary character
supporting or tending to support the charge (CPL 100.15, 100.40). It was, therefore, jurisdictionally defective. Accordingly, the judgment of conviction is reversed and the accusatory instrument dismissed.

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