People v Curiale (Denise) |
2008 NY Slip Op 51465(U) [20 Misc 3d 133(A)] |
Decided on July 16, 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This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Justice Court of the Village of Massapequa Park, Nassau
County (Steven G. Leventhal, J.), rendered April 20, 2007. The judgment convicted defendants
of using a one-family residence as a two-family residence.
Judgment of conviction reversed on the law, fines, if paid, remitted, and information dismissed.
A review of the record in the instant case reveals that the information charging defendants with violating Code of the Village of Massapequa Park § 345-16 (A) is jurisdictionally defective. The factual portion of the information merely alleged that the defendants "did commit the offense . . . unlawfully, willfully and knowingly" by using a one-family dwelling as a two-family dwelling. Such an allegation, without more, is conclusory and does not state facts of an evidentiary character which establish every element of the offense charged and defendants' commission thereof (see CPL 100.40 [1] [c]; People v Lubrano, 18 Misc 3d 126[A], 2007 NY Slip Op 52354[U] [App Term, 9th & 10th Jud Dists 2007]; see generally People v Casey, 95 NY2d 354 [2000]). Moreover, the information fails to allege that the premises is located in a "residence district," which is an element of the offense charged. Accordingly, the information must be dismissed.
In view of the foregoing, we pass on no other issue.
Rudolph, P.J., McCabe and Scheinkman, JJ., concur.