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People v. Marie Makrides

Informations Fail to Establish Every Element of Charged Offense; Convictions Reversed

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*1  Appeal from two judgments of the Justice Court of the Village of Port Jefferson, Suffolk County (John F. Reilly, J.), rendered August 25, 2015. Each judgment convicted defendant, after a joint nonjury trial, of failing to obtain a rental occupancy permit. PER CURIAMORDERED that the judgments of conviction are reversed, on the law, the accusatory instruments are dismissed, and the fines, if paid, are remitted.Defendant was charged in two separate accusatory instruments with violating Village of Port Jefferson Code (Code) §205-4 for failing to obtain a rental occupancy permit. Code §205-4 (A) provides the following:“It shall be unlawful and a violation of this article and an offense within the meaning of the Penal Law of the State of New York for any person or entity who owns or rents a dwelling unit in the Village of Port Jefferson to use, establish, maintain, operate, let, lease, sublease, rent or suffer or permit the occupancy and use thereof as a rental occupancy without first having obtained a valid rental occupancy permit therefor. Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation.

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