People v. Tillman

OPINION OF THE COURT

Eileen N. Nadelson, J.

Defendant was issued a summons for gambling in public. At arraignment, defendant argued that the summons should be dismissed as facially defective, and the court agreed. This deci*737sion explains the reasoning of the court in dismissing the summons.

The summons indicates that defendant violated section 20-451 of the Penal Code. There is no such section of the Penal Law, and for this reason alone defendant’s motion should be granted. However, this point was not presented at the oral argument, and the issue was actually decided on the interpretation of…