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PEOPLE v. WEINBERG

146 Misc.2d 441 (1990)

The People of the State of New York, Respondent, v. Alan Weinberg, Appellant.

Supreme Court, Appellate Term, Second Department.

March 27, 1990

Attorney(s) appearing for the Case

Augello, Pezold & Hirschmann, P. C. (Thomas R. Hirschmann of counsel), for appellant. Alfred P. Lucia, Jr., Village Prosecutor, for respondent.

DiPAOLA, P. J., STARK and COLLINS, JJ., concur.

MEMORANDUM.

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. CPL 150.50 requires that prior to the return date of an...

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