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The People of the State of New York, Respondent v. Khursh Mian

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


March 15, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, --
v.
KHURSH MIAN, APPELLANT.

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.

People v Mian (Khursh)

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This opinion is uncorrected and will not be published in the printed Official Reports.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 [1]), 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

20130315

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