People v. Horner

OPINION OF THE COURT

Memorandum.

*94Judgment of conviction unanimously reversed on the law and facts, and summons dismissed. Fine, if paid, is remitted.

Defendant was charged with a standing parking violation in an instrument denominated, “Summons, Parking Ticket and Complaint.” As this court recently held in People v Gabbay (175 Misc 2d 421 [9th & 10th Jud Dists]): “The parking violation summons * * * issued to defendant are the functional equivalent of appearance tickets issued in accordance with CPL 150.10 and 150.20 (see, People v Cooperman, NYLJ, Jan. 17, 1989, at 26, col 4 [App Term, 9th &…