People v. Weinberg
| Decision Date | 27 March 1990 |
| Citation | 146 Misc.2d 441,558 N.Y.S.2d 439 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Alan WEINBERG, Appellant. |
| Court | New York Supreme Court |
Augello, Pezold & Hirschmann, P.C. (Thomas R. Hirschmann, Huntington, of counsel), for appellant.
Alfred P. Lucia, Jr., Village Prosecutor, for respondent.
Before DiPAOLA, P.J., and STARK and COLLINS, JJ.
Appeal by defendant from a judgment of the Justice Court of Bellerose, Nassau County (Reuss, Jr., J. on the motion, at trial and sentence) rendered January 17, 1989 convicting him of violating section 204-19b of the Code of the Village of Bellerose and imposing sentence of a conditional discharge.
Judgment of conviction unanimously reversed on the law, and parking summons dismissed.
The parking summons in the case at bar is akin to appearance tickets issued in accordance with CPL 150.10 and 150.20. An appearance ticket, however, is not an accusatory instrument, and its filing does not give a criminal court jurisdiction over the defendant. Section 150.50 of the CPL requires that prior to the return date of an appearance ticket a legally sufficient information or misdemeanor complaint shall be filed. Upon failure to file with the court a proper accusatory instrument, the doctrine of stare decisis mandates reversal and dismissal of the summons (see, People v. Cooperman and O'Dell, Appellate Term, 9th and 10th Jud.Dists., NYLJ January 17, 1989).
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...cannot serve as the basis for directing defendant's future appearance, or for further prosecution. See, People v. Weinberg, 146 Misc.2d 441, 558 N.Y.S.2d 439 (App.Term, 2d Dept.); People v. Cooperman and O'Dell, NYLJ, January 17, 1989, at 26 col. 4 (App.Term, 2d Dept.). Nor can the subseque......
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...not give the Court jurisdiction over a defendant (see People v. Lowry, 184 Misc.2d 306 [App. Term 2nd Dept 2000] ; People v. Weinberg, 146 Misc.2d 441 [App. Term 2nd Dept 1990] ). An appearance ticket is used as an alternative to an arrest. It serves only as an invitation or notice to appea......
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...instrument the Court is governed by Article 100 and 170 of the C.P.L in its determination. Wienclaw, supra at 730; People v. Weinberg, 146 Misc.2d 441 (App. Term 2d Dept.1990). More specifically, an infraction must conform with the requirements of C.P.L. 100.15, to wit: the complainant must......
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