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PEOPLE v. CURTIN

186 Misc.2d 555 (2000)

720 N.Y.S.2d 888

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK CURTIN, Appellant.

Supreme Court, Appellate Term, Second Department.

October 24, 2000.

Attorney(s) appearing for the Case

Frank Curtin, appellant pro se.

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

DiPAOLA, P. J., FLOYD and DOYLE, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously reversed on the law, "accusatory instrument" dismissed and fine remitted.

An appearance ticket is not an accusatory instrument and its filing does not give a court jurisdiction over defendant. Thus, the failure to file with the court a proper accusatory instrument mandates reversal and dismissal of the summons (see, People v Cooperman, NYLJ, Jan. 17, 1989, at 26, col 4 [App...

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