People v. Noga

OPINION OF THE COURT

Memorandum.

Ordered that the judgment of conviction is reversed, on the law, the order dated December 20, 2012 is vacated, defendant’s motion to dismiss the accusatory instrument is granted, and the fine, if paid, is remitted.

On June 14, 2012, the People charged defendant, in an information, with violating section 77-38 (D) (2) of the Code of the Town of Kent (Code) in that, on that date, he “park[ed] a prohibited commercial vehicle outdoors” at his residence, namely, a 2010 Ford dump truck registered to defendant at his residential property. Section 77-38, which contains a…