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Legal Opinion

People v. Gabbay

Appellate Terms of the Supreme Court of New York

Decided October 31, 1997PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgments of conviction unanimously reversed on the law and facts, and summonses dismissed.

The parking violation summonses 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 & 10th Jud Dists]; Matter of Reynolds v New York State Dept, of Motor Vehicles, 52 AD2d 1048). It is well settled that an appearance ticket is not an accusatory instrument and its filing does not confer jurisdiction over defendant (see, People v…

2Cases cited5 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. Matter of Ryder Truck Rental, Inc. v. Parking Violations Bureau of the Transp. Admin. of the City of New YorkNew York Court of Appeals · 1984
  3. MATTER OF SHIRLEY v. SchulmanNew York Court of Appeals · 1991
  4. Matter of Wheels, Inc. v. Parking Violations Bureau of the Dep't of Transp. of the City of New YorkNew York Court of Appeals · 1992
  5. Reynolds v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by8 opinions

  1. People v. HornerAppellate Terms of the Supreme Court of New York · 1998
  2. People v. WienclawValley Stream Justice Court · 2000
  3. People v. Carrillo (Jazmin)Appellate Terms of the Supreme Court of New York · 2017
  4. People v. Gantz (Joseph)Appellate Terms of the Supreme Court of New York · 2018
  5. People v. Gesmundo (Michael)Appellate Terms of the Supreme Court of New York · 2020

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