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PEOPLE v. LOWRY

184 Misc.2d 306 (2000)

708 N.Y.S.2d 811

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE D. LOWRY, JR., Appellant.

Supreme Court, Appellate Term, Second Department.

April 10, 2000.

Attorney(s) appearing for the Case

Bruce D. Lowry, Jr., appellant pro se.

Joel Sikowitz, Village Attorney of Village of Babylon, for respondent.

DIPAOLA, P. J., FLOYD and PALELLA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously reversed on the law, appearance ticket dismissed and fine remitted.

The "information" in the case at bar is in fact an appearance ticket. An appearance ticket is not an accusatory instrument and does not give a court jurisdiction over a defendant. Thus, the failure to file with the court a proper accusatory instrument mandates reversal...

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