People v. Musante

OPINION OF THE COURT

David Otis Fuller, Jr., J.

On August 4, 1987, the Village of Tuckahoe issued a summons to Dewey and Carletta Musante for housing more than two families in their home on Yonkers Avenue in Tuckahoe in alleged violation of section 4-3.1.2 of the Tuckahoe Zoning Code (1960). The defendants, asserting that they are entitled to have more than two families by virtue of a nonconforming use under the previous Zoning Code of 1930, have pleaded not guilty and demanded a trial by jury. Tuckahoe opposes the Musantes’ demand, contending that under the Tuckahoe Code, zoning violations…