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People v. Weinberg

146 Misc. 2d 441, 558 N.Y.S.2d 439, 1990 N.Y. Misc. LEXIS 289
CourtAppellate Terms of the Supreme Court of New York
DecidedMarch 27, 1990
StatusPublished
Cited by6 cases

This text of 146 Misc. 2d 441 (People v. Weinberg) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Weinberg, 146 Misc. 2d 441, 558 N.Y.S.2d 439, 1990 N.Y. Misc. LEXIS 289 (N.Y. Ct. App. 1990).

Opinion

[442]*442OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed, on the law, and parking summons dismissed.

The parking summons in the case at bar is akin to appearance tickets issued in accordance with CPL 150.10 and 150.20. An appearance ticket, however, is not an accusatory instrument, and its filing does not give a criminal court jurisdiction over the defendant. CPL 150.50 requires that prior to the return date of an appearance ticket a legally sufficient information or misdemeanor complaint shall be filed. Upon failure to file with the court a proper accusatory instrument, the doctrine of stare decisis mandates reversal and dismissal of the summons (see, People v Cooperman, NYLJ, Jan. 17, 1989, at 26, col 4 [App Term, 9th & 10th Judicial Dists]).

DiPaola, P. J., Stark and Collins, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
146 Misc. 2d 441, 558 N.Y.S.2d 439, 1990 N.Y. Misc. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weinberg-nyappterm-1990.