PEOPLE v. NOGA

2013-2031 P CR

50 Misc.3d 41 (2015)

22 N.Y.S.3d 285

2015 NY Slip Op 25332

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUSSELL NOGA, Appellant.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided September 18, 2015.


Attorney(s) appearing for the Case

Craig T Bumgarner, P.C., Carmel ( Ellen A. Faulkner of counsel), for appellant.

Timothy J. Curtiss, P.C., Carmel ( Timothy J. Curtiss of counsel), for respondent.

MARANO, P.J., IANNACCI and TOLBERT, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, the order dated December 20, 2012 is vacated, defendant's motion to dismiss the accusatory instrument is granted, and the fine, if paid, is remitted.

On June 14, 2012, the People charged defendant, in an information, with violating section 77-38 (D) (2) of the Code of the Town of Kent (Code) in that,...

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