People v. Baratta

CourtNew York District Court
Writing for the CourtHENRY J. KALINOWSKI
Citation56 Misc.2d 447,288 N.Y.S.2d 976
Decision Date26 March 1968
PartiesPEOPLE of the State of New York, Plaintiff, v. Robert BARATTA, Defendant.

Page 976

288 N.Y.S.2d 976
56 Misc.2d 447
PEOPLE of the State of New York, Plaintiff,
v.
Robert BARATTA, Defendant.
District Court of Nassau County, First District, Central
Traffic Part.
March 26, 1968.

Page 977

[56 Misc.2d 448] Robert M. dePoto, Syosset, for defendant.

DECISION AFTER TRIAL

HENRY J. KALINOWSKI, Judge.

The defendant on the 2nd day of October, 1967, received a summons for speeding. The 'complaint' was a part of the 'Uniform Traffic Ticket', (page two thereof), and the pertinent information appearing on the face thereof, reads as follows:

'on the 2nd of October 1967, at 1:00 A.M. Place--Lido Boulevard. Lido, T.O.H. in Violation of Section--Local Law of #7 Sec. 2.4 of 65 mph in 45 mph Zone.'

'Officer's Signature W. Walsh'

'Sworn to before me this 2 day of Oct. 1967

Lt. M. Rexsen 70'

The officer's signature is a carbon of his signature as appeared on the 'summons' or page one of the 'Uniform Traffic Ticket' packet.

The defendant at the time of trial moved to dismiss the Information (motion for judgment) on the following grounds:

1. That Local Law #7 of the Town of Hempstead was invalid.

2. The information should have alleged a violation of the Vehicle and Traffic Law (Section 1180(d).)

3. The Information was not properly signed and verified.

4. The Bill of Particulars was insufficient as it was not verified.

[56 Misc.2d 449] The Town of Hempstead by Resolution Number 511--1965 became subject to the Suburban Town Law effective January 1, 1966.

The Town Board of said Township on December 21, 1965, adopted 'Local Law Number 7 of 1965 * * * relating to vehicle speed

Page 978

limits'. Said local law became effective at midnight December 31, 1965.

On June 14, 1966, the Town Board of said Township adopted, 'Local Law Number 3--1966' which local law amended 'Local Law Number 7 of 1965' by adding thereto, 'Section 2.4 and Section 2.5.' Section 2.4 provided a new 45 m.p.h. Speed Zone on Lido Boulevard (Lido)--From Prescott Street to Meadowbrook Causeway. (The area traversed by the defendant when allegedly exceeding the established speed limit).

The defendant contends that Local Law No. 7 of 1965, was invalid at the time of enactment (December 21, 1965) as at that time Hempstead Township did not have Suburban Town Status and was thus powerless to effect said local law.

Section 50--a of the Town Law, Sub-section 4--states:

'After it shall have been finally determined pursuant to this section that a town shall become a suburban town, the town board shall have power to determine and...

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7 practice notes
  • People v. Boback
    • United States
    • New York Court of Appeals
    • 21 Noviembre 1968
    ...52 Misc.2d 300, 275 N.Y.S.2d 937; People v. Groos, supra; People v. Sack, 54 Misc.2d 815, 283 N.Y.S.2d 402, contra; People v. Baratta, 56 Misc.2d 447, 288 N.Y.S.2d 976) or no bill of particulars has been filed prior to the motion to dismiss, the information must be dismissed (People v. D'Ag......
  • People v. Morris
    • United States
    • New York City Court
    • 23 Enero 1986
    ...he is charged. If he does, the information is sufficient." (See People v. Blattman, 50 Misc.2d 606, 270 N.Y.S.2d 903, People v. Baratta, 56 Misc.2d 447, 288 N.Y.S.2d The Court is mindful of the conflict and/or duplication prohibitions of Sections 1600 and 1604 of the VTL. As indicated previ......
  • People v. Siebenrock
    • United States
    • New York Court of Special Sessions
    • 14 Diciembre 1970
    ...requirement or personal knowledge of tose verifying Bills of Particulars, they should have said so, People v. Baratta, 56 Misc.2d 477, 288 N.Y.S.2d 976. The Proof satisfied the Court that the defendant is guilty, and he therefore was fined...
  • People v. Demar
    • United States
    • New York District Court
    • 9 Diciembre 1970
    ...174 Misc. 1080, 20 N.Y.S.2d 612; People v. Meyers, 207 Misc. 431, 138 N.Y.S.2d 613).' More recently, in the case of People v. Baratta, 56 Misc.2d 447, 288 N.Y.S.2d 976, Judge Henry J. Kalinowski of this Court was faced with the question. After noting that the court in People v. Kramer, 55 M......
  • Request a trial to view additional results
7 cases
  • People v. Boback
    • United States
    • New York Court of Appeals
    • 21 Noviembre 1968
    ...52 Misc.2d 300, 275 N.Y.S.2d 937; People v. Groos, supra; People v. Sack, 54 Misc.2d 815, 283 N.Y.S.2d 402, contra; People v. Baratta, 56 Misc.2d 447, 288 N.Y.S.2d 976) or no bill of particulars has been filed prior to the motion to dismiss, the information must be dismissed (People v. D'Ag......
  • People v. Morris
    • United States
    • New York City Court
    • 23 Enero 1986
    ...he is charged. If he does, the information is sufficient." (See People v. Blattman, 50 Misc.2d 606, 270 N.Y.S.2d 903, People v. Baratta, 56 Misc.2d 447, 288 N.Y.S.2d The Court is mindful of the conflict and/or duplication prohibitions of Sections 1600 and 1604 of the VTL. As indicated previ......
  • People v. Siebenrock
    • United States
    • New York Court of Special Sessions
    • 14 Diciembre 1970
    ...requirement or personal knowledge of tose verifying Bills of Particulars, they should have said so, People v. Baratta, 56 Misc.2d 477, 288 N.Y.S.2d 976. The Proof satisfied the Court that the defendant is guilty, and he therefore was fined...
  • People v. Demar
    • United States
    • New York District Court
    • 9 Diciembre 1970
    ...174 Misc. 1080, 20 N.Y.S.2d 612; People v. Meyers, 207 Misc. 431, 138 N.Y.S.2d 613).' More recently, in the case of People v. Baratta, 56 Misc.2d 447, 288 N.Y.S.2d 976, Judge Henry J. Kalinowski of this Court was faced with the question. After noting that the court in People v. Kramer, 55 M......
  • Request a trial to view additional results

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