People v. Mian, 2010–3330 Q CR.

• Decision Date: 15 March 2013
• Docket Number: No. 2010–3330 Q CR.,2010–3330 Q CR.
• Parties: The PEOPLE of the State of New York, Respondent, v. Khursh MIAN, Appellant.
• Court: New York Supreme Court — Appellate Division

39 Misc.3d 127

971 N.Y.S.2d 74

2013 N.Y. Slip Op. 50412

The PEOPLE of the State of New York, Respondent,

v.Khursh MIAN, Appellant.

No. 2010–3330 Q CR.

Supreme Court, Appellate Term,

2nd, 11th and 13th Judicial Districts.

March 15, 2013.

OPINION TEXT STARTS HEREPresent: PESCE, P.J., RIOS and SOLOMON, JJ.

Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Cesar Quinones, J.H.O.), rendered September 23, 2010. The judgment convicted defendant, after a nonjury trial, of violating Administrative Code of the City of New York § 15–216(a).

ORDERED that the judgment of conviction is reversed, on the law, the accusatory instrument is dismissed, and the fine, if paid, is remitted.

After a nonjury trial, the judicial hearing officer convicted defendant, initially charged with disorderly conduct (Penal Law § 240.20[1] ), of violating Administrative Code of the City of New York § 15–216(a). For the reasons stated in People v. Robinson (36 Misc.3d 158[A], 2012 N.Y. Slip Op 51807[U] [App Term, 2d, 11th & 13th Jud Dists 2012] ), the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.

PESCE, P.J., RIOS and SOLOMON, JJ., concur.