Opinion
No. 2012–1902 OR CR.
02-17-2015
The PEOPLE of the State of New York, Respondent, v. Victor A. ORTIZ, II, Appellant.
Opinion
Appeal from a judgment of the Justice Court of the Village of Woodbury, Orange County (David V. Hasin, J.), rendered August 1, 2012. The judgment convicted defendant, after a nonjury trial, of violating a Village of Woodbury water restriction ordinance.
ORDERED that the judgment of conviction is reversed, as a matter of discretion in the interest of justice, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
After a nonjury trial, defendant was found guilty of violating a water use restriction ordinance enacted by the Village of Woodbury.
In the exercise of our “broad and discretionary power ... to correct any situation which casts a doubt upon the proper functioning of the courts in the administration of justice' “ (People v. Kidd, 76 A.D.2d 665, 668 [1980], quoting People v. Ramos, 33 A.D.2d 344, 348 [1970] ; see CPL 470.15[3] [c] ), and in “balancing the interests of this defendant with those of society” (People v. Mitchell, 99 A.D.2d 609, 611 [1984] ), we reverse the judgment of conviction and dismiss the accusatory instrument, as this case, given its unique circumstances, “is one of those rare cases where it would be inappropriate to sustain the conviction” (People v. Mitchell, 99 A.D.2d at 610 ).
Accordingly, the judgment of conviction is reversed and the accusatory instrument is dismissed.
IANNACCI, J.P., TOLBERT and GARGUILO, JJ., concur.