People v. Saviano

OPINION OF THE COURT

Memorandum.

Ordered that the judgment convicting defendant of altering a premises without a permit is reversed, on the law, the accusatory instrument charging that offense is dismissed, and the fíne and surcharge imposed thereon, if paid, are remitted; and it is further, ordered that the judgment convicting defendant of occupying or using a premises in violation of a certificate of occupancy is affirmed.

Following a nonjury trial, defendant was convicted of altering a premises without a permit (Brookhaven Town Code § 16-3) and of occupying or using a premises in violation of…