(DOWNLOAD) "People v. Apollo" by Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts ~ eBook PDF Kindle ePub Free
eBook details
- Title: People v. Apollo
- Author : Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts
- Release Date : January 05, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The record herein contained only an appearance ticket/summons relative to the alleged violation of section 55-18.6 (A) of the Sag Harbor Village Code. It is well settled that appearance tickets/summonses are not accusatory instruments and their filing does not give a criminal court jurisdiction over the named defendant (see CPL 150.10, 150.50; see also People v Cooperman and ODell, NYLJ, June 17, 1989 [App Term, 9th & 10th Jud Dists]). Since there is no indication upon this record that the People filed a proper accusatory instrument with the court (see CPL 150.50), the court never acquired jurisdiction and dismissal of the summons relative to said charge is mandated (see People v Passalacqua, 7 Misc 3d 131[A], 2005 NY Slip Op 50554[U] [App Term, 9th & 10th Jud Dists]; People v Curtin, 3 Misc 3d 134[A], 2004 NY Slip Op 50455[U] [App Term, 9th & 10th Jud Dists]).