PEOPLE v. LOWRY (2000)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Bruce D. LOWRY, Jr., Appellant.

Decided: April 10, 2000

Present: DiPAOLA, P.J., FLOYD and PALELLA, JJ.

Bruce D. Lowry, Jr., appellant pro se. Joel Sikowitz, Village Attorney of Village of Babylon, for respondent.

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 and dismissal of the appearance ticket (see, People v. Cooperman and O'Dell, N.Y.L.J., Jan. 17, 1989, at 26, col. 4 [App. Term, 9th & 10th Jud. Dists.] ). Additionally, even if we consider the appearance ticket an information, it would have to be dismissed as being jurisdictionally defective as it failed to describe with any degree of specificity the facts which constituted the violation and failed to contain a statement setting forth defendant's relationship to the property (see, CPL 100.40[1]; 100.15; see also, People v. Alejandro, 70 N.Y.2d 133, 517 N.Y.S.2d 927, 511 N.E.2d 71).

MEMORANDUM.

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