Legal Opinion

People v. Peak Carting, Inc.

Appellate Terms of the Supreme Court of New York

Decided December 19, 2005PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously affirmed.

Defendant was charged with violating section 45-4 (H) of the Code of the Town of Brookhaven in that at the time, date and place specified, it dumped debris on a premises known as the Liere Farm which were not a public disposal facility or private disposal facility licensed by the Town. Following a nonjury trial, defendant was convicted as charged.

An appearance ticket is not an accusatory instrument and does not give the court jurisdiction over the defendant. Section 150.50 of the Criminal Procedure Law requires that a…

2Cases cited35 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Chapman v. United StatesSupreme Court of the United States · 1991
  4. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  5. Zorach v. ClausonSupreme Court of the United States · 1952

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3Cited by2 opinions

  1. Dolloff v. DolloffNew York Surrogate's Court · 2015
  2. People v. NogaAppellate Terms of the Supreme Court of New York · 2015

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