Appellate Terms of the Supreme Court of New York, 2000

People v. Curtin

Appellate Terms of the Supreme Court of New York · Decided October 24, 2000

186 Misc. 2d 555; 720 N.Y.S.2d 888; 2000 N.Y. Misc. LEXIS 541

Counsel

APPEARANCES OF COUNSEL, Frank Curtin, appellant pro se. Joel Sikowitz, Village Attorney of Village of Babylon, for respondent.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed on the law, “accusatory instrument” dismissed and fine remitted.

An appearance ticket is not an accusatory instrument and its filing does not give a court jurisdiction over defendant. Thus, the failure to file with the court a proper accusatory instrument mandates reversal and dismissal of the summons (see, People v Cooperman, NYLJ, Jan. 17, 1989, at 26, col 4 [App *556Term, 9th & 10th Jud Dists]; People v McKee, NYLJ, Mar. 3, 1997, at 30, col 4 [App Term, 9th & 10th Jud Dists]).

DiPaola, P. J., Floyd and Doyle, JJ., concur.

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