People v. Holbrook Transportation Corp.

Memorandum. Appeal is dismissed.

The People are appealing the sua sponte dismissal by the court, after trial, of the informations charging defendant with violations of article 10 (§ 27, subd [a]) of the Suffolk County Sanitary Code (see People v Holbrook Transp. Corp., 84 Misc 2d 650). The court below found that the afore-mentioned *81section of the code was unconstitutional. The Court of Appeals has recently held CPL 450.20 (subd 2) (appeal of trial order of dismissal) unconstitutional as violative of the defendant’s right not to be placed twice in jeopardy for the same offense, if further…