Opinion
2007-1954 N CR.
Decided October 30, 2008.
Appeal from a judgment of the Justice Court of the Village of Cedarhurst, Nassau County (Andrew Goldsmith, J.), rendered September 19, 2007. The judgment convicted defendant, after a nonjury trial, of having an "Invalid Inspection" for a vehicle.
Judgment of conviction reversed on the law, accusatory instrument dismissed and fine, if paid, remitted.
PRESENT: McCABE, J.P., TANENBAUM and MOLIA, JJ.
Defendant was charged in a "Complaint Ticket" with an "Invalid Inspection" in violation of Village Code of Cedarhurst section 250.15. The accusatory instrument is jurisdictionally defective since it does not contain factual allegations which provide reasonable cause to believe that defendant committed the offense charged (CPL 100.15, 100.40 [b], [4] [b]; see generally People v Alejandro, 70 NY2d 133). There are no factual allegations which establish the element of the offense that the inspection certificate displayed on defendant's vehicle was not valid or that it had expired. Accordingly, the accusatory instrument is dismissed.
McCabe, J.P., Tanenbaum and Molia, JJ., concur.