Marin v. City of New York

OPINION OF THE COURT

The operative facts are not seriously disputed. On April 30, 1995, at approximately 12:20 a.m., the defendant police officer, detecting “unreasonabl [y] ” loud music emanating from a car driven by plaintiff, issued , plaintiff a summons for violating local noise regulations (see, Administrative Code of City of NY § 24-220 [a]). Although the officer prepared and intended to issue a Criminal Court summons directing plaintiffs court appearance on a specified date (see, CPL 130.10), the officer mistakenly served plaintiff with a copy of a parking violation summons, erroneously…