PEOPLE v. ORTREGER


18 Misc.3d 61 (2007)

852 N.Y.S.2d 595

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH ORTREGER, Appellant.

Supreme Court, Appellate Term, Second Department.

December 21, 2007.


Attorney(s) appearing for the Case

Gary E. Lane, Poughkeepsie, for appellant.

McCabe & Mack, LLP, Poughkeepsie (David L. Posner of counsel), for respondent.

RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.


OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction reversed on the law and as a matter of discretion in the interest of justice, accusatory instrument dismissed and fine, if paid, remitted.

The defendant was found guilty of violating section 13-63 (a) of the Code of the City of Poughkeepsie which provides that it

"shall be unlawful for any...

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