People v. Delmonaco

OPINION OF THE COURT

Robert H. Spergel, J.

*527The defendant, Antonio Delmonaco, moves this court for an order dismissing the information upon the ground that the court lacks subject matter jurisdiction over the case and that the same should be dismissed in the furtherance of justice. The People oppose the motion, and move this court for dismissal of the charge that the defendant violated section 229-1 (A) of the Code of the Town of Oyster Bay.

The defendant is charged with violating sections 229-1 (A) and 82-3 (B) of the Code of the Town of Oyster Bay. The People have dismissed the “trespass”…