People v. Russell Place Realty Co.
| Decision Date | 29 June 2012 |
| Docket Number | No. 2010–824 N CR.,2010–824 N CR. |
| Parties | The PEOPLE of the State of New York, Respondent, v. RUSSELL PLACE REALTY COMPANY, INC., Appellant, and Angelo Barbaruolo, Defendant. |
| Court | New York Supreme Court — Appellate Division |
36 Misc.3d 132
957 N.Y.S.2d 266
2012 N.Y. Slip Op. 51299
The PEOPLE of the State of New York, Respondent,
v.
RUSSELL PLACE REALTY COMPANY, INC., Appellant,
and
Angelo Barbaruolo, Defendant.
No. 2010–824 N CR.
Supreme Court, Appellate Term, New York,
9th and 10th Judicial Districts.
June 29, 2012.
Present: MOLIA, J.P., NICOLAI and LaCAVA, JJ.
Appeal from a judgment of the City Court of Glen Cove, Nassau County (Joseph D. McCann, J.), rendered March 8, 2010. The judgment, insofar as appealed from, convicted defendant Russell Place Realty Company, Inc., after a nonjury trial, of failing to maintain a retaining wall and sentenced it to a fine of $45,000.
ORDERED that the judgment of conviction, insofar as appealed from, is modified, on the law and as a matter of discretion in the interest of justice, by reducing the fine imposed upon defendant Russell Place Realty Company, Inc. to $5,000; as so modified, the judgment of conviction, insofar as appealed from, is affirmed.
Russell Place Realty Company, Inc. (defendant) and another were charged in an information with violating, among other things, § 302.7 of the New York State Property Maintenance Code (Property Maintenance Code) and § 168–43(B) of the Glen Cove City Code on March 29, 2007,
“in that a high wood retaining wall located in rear of defendants' subject premises, is positioned haphazardly on a dirt foundation, with many pieces of wood missing and a large section of the dirt foundation is uncovered, is in serious need of repair and/or replacement, and constitutes a safety concern.”
At the close of a nonjury trial, defendant's counsel moved to dismiss the charge on the ground that Property Maintenance Code § 302.7 was superseded by the Glen Cove City Code § 280–52 (the Slope Law). The City Court denied the motion, convicted defendant of violating Property Maintenance Code § 302.7 and imposed a fine of $45,000.
The accusatory instrument was facially sufficient. The allegations set forth nonhearsay facts of an evidentiary nature which provide reasonable cause to believe and establish, if true, that the wall was not “structurally sound” or “in good repair,” in violation of Property Maintenance Code § 302.7 ( seeCPL 100.40[1][b], [c] ). These allegations are also sufficiently evidentiary, and they are adequately detailed to prevent defendant from being tried twice for the same offense ( see People v. Kalin, 12 NY3d 225, 230 [2009];People v. Gezari, 32 Misc.3d 133[A], 2011 N.Y. Slip Op 51444[U] [App Term,...
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...3. The informations allege only that “[Plateau] was issued a written Order to Remedy.” In People v. Russell Place Realty Co., Inc., 36 Misc.3d 132(A), 2012 N.Y. Slip Op. 51299(U), 2012 WL 2887990 (App. Term, 2d Dept, 9th & 10th Jud. Dists.2012), the court concluded that an information charg......
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People v. Plateau Assocs., LLC
...on defendant. Instead, they alleged only that the orders to remedy had “issued” to defendant. The court distinguished People v. Russell Place Realty Corp., 36 Misc.3d 132[A], 2012 N.Y. Slip Op. 51299[U], *2, 2012 WL 2887990 (App.Term, 9th & 10th Jud.Dists.2012), in which this court rejected......
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People v. Plateau Assocs., LLC
...on defendant. Instead, they alleged only that the orders to remedy had “issued” to defendant. The court distinguished People v. Russell Place Realty Corp. , 36 Misc.3d 132[A], 2012 N.Y. Slip Op. 51299[U], *2, 2012 WL 2887990 (App.Term, 9th & 10th Jud.Dists.2012), in which this court rejecte......
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