Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Cesar Quinones, J.H.O.), rendered September 23, 2010.
Decided on March 15, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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: PESCE, P.J., RIOS and SOLOMON, JJ
The judgment convicted defendant, after a non-jury trial, of violating Administrative Code of the City of New York § 15-216 (a).
ORDERED that the judgment of conviction is reversed, on the law, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
After a non-jury trial, the judicial hearing officer convicted defendant, initially charged with disorderly conduct (Penal Law § 240.20 ), of violating Administrative Code of the City of New York § 15-216 (a). For the reasons stated in People v Robinson (36 Misc 3d 158[A], 2012 NY Slip Op 51807[U] [App Term, 2d, 11th & 13th Jud Dists 2012]), the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: March 15, 2013
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