People v. Anthony

(dissenting and voting to reverse the order, grant defendant’s motion to vacate the judgments of conviction and dismiss the accusatory instruments). The order of the trial court denying defendant’s motion to vacate the judgments of conviction pursuant to CPL 440.10 (1) (a) and (h) should have been reversed.

Defendant and his wife were charged with 13 violations of chapter 2, article VI, § 2-103 of the Code of the Town of North Hempstead (the Housing Code or ordinance) based on their renting of dwelling units without first obtaining the requisite permits.

*57The ordinance was enacted in 1996 with…