MATTER OF SHIRLEY v. Schulman

OPINION OF THE COURT

Memorandum.

The order of the County Court should be reversed and defendant’s motion to dismiss granted.

Defendant was served with a "notice of violation” and a "complaint violation” charging him with a breach of the town’s zoning ordinance (see, Town of Brighton Zoning Code § 42-11). Violation of the zoning ordinance is by statute a criminal act (see, Town Law § 268; Town of Brighton Zoning Code § 42-34). Therefore, although documents having the above descriptions are not designated as accusatory instruments in the CPL, a charge under the zoning ordinance necessarily…