Real Estate Law

THERE OUGHTA BE A LAW!

Before someone can be criminally prosecuted for their misdeeds, the conduct must be proscribed by law.

If the activity isn't "illegal," then any criminal case based on that behavior can't be maintained and must be dismissed.

You'd think that would be pretty obvious, right? 

Well, apparently it wasn't so clear to Westchester County prosecutors or to the trial judge in People v. Kaloedas Realty Enterprises, Inc.

Kaloedas Realty was convicted by a City Court of Yonkers (Westchester County) Judge of violating Section PMC 101.2 of the New York State Fire Code. But here was the problem: That particular section was entitled "Scope" and offered "no further text."

So when Kaloedas appealed its conviction (which arose from its alleged failure to "'up grade [sic] and maintain'" a ventilation system), the Appellate Term, 9th and 10th Judicial Districts, reversed, since there was "no indication" how the defendant violated the law.

What's going on up in Yonkers? 

Doesn't the "rule of law" apply up there? (Or are they just ruleless?)

To view a copy of the Appellate Term's decision, please use this link: People v. Kaloedas Realty Enterprises, Inc.

From Real Estate Law Blog posted 2008-01-04.