PEOPLE v. CURTIN (2000)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Frank CURTIN, Appellant.

Decided: October 24, 2000

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

Frank Curtin, appellant pro se. Joel Sikowitz, Village Attorney of Village of Babylon, for respondent.

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, N.Y.L.J., January 17, 1989, at 26, col. 4 [App. Term, 9th & 10th Jud. Dists.]; People v. McKee, N.Y.L.J., March 3, 1997, at 30, col. 4 [App. Term, 9th & 10th Jud. Dists.] ).

MEMORANDUM.

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