People v. Lowry

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed on the law, appearance ticket dismissed and fine remitted.

The “information” in the case at bar is in fact an appearance ticket. An appearance ticket is not an accusatory instrument and does not give a court jurisdiction over a defendant. Thus, the failure to file with the court a proper accusatory instru*307ment mandates reversal and dismissal of the appearance ticket (see, People v Cooperman, NYLJ, Jan. 17, 1989, at 26, col 4 [App Term, 9th & 10th Jud Dists]). Additionally, even if we consider the appearance ticket an…