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The People of the State of New York v. Denise Mavrosen

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


April 1, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
DENISE MAVROSEN,
APPELLANT.

Appeal from a judgment of the Justice Court of the Village of Plandome Manor, Nassau County (Lawrence Schaffer, J.), rendered September 2, 2009.

People v Mavrosen (Denise)

Decided on April 1, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ

The judgment convicted defendant, after a non-jury trial, of violating chapter 174.8 (B) (1) of the Code of the Village of Plandome Manor.

ORDERED that the judgment of conviction is reversed, on the law, the accusatory instrument is dismissed, and the fine, if paid, is remitted.

The evidence at the non-jury trial failed to establish that defendant maintained accessory structures on the front yard of her home in violation of chapter 174.8 (B) (1) of the Code of the Village of Plandome Manor. Rather, the evidence indicated that the structures in question are located on municipal property and not on defendant's property. Accordingly, the judgment of conviction is reversed, the accusatory instrument is dismissed and the fine, if paid, is remitted.

Nicolai, P.J., and LaCava, J., concur.

Iannacci, J., taking no part.

Decision Date: April 01, 2011

20110401

© 1992-2011 VersusLaw Inc.



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