People v. Thorner

OPINION OF THE COURT

Memorandum.

Ordered that the order, insofar as appealed from, is affirmed.

Defendant was charged in a superseding accusatory instrument with violating Riverhead Town Code § 108-8 (A), in that defendant altered the use of a one-family dwelling by permitting two primary uses within the premises: a “childcare facility” on the first floor and a “rental dwelling unit” on the second floor.

The People appeal from so much of an order as granted defendant’s motion to dismiss the accusatory instrument on the ground that there was a legal impediment to conviction (CPL 170.30 [1] [f])…