People v. Fielder

• Decision Date: 30 April 1974
• Citation: 358 N.Y.S.2d 263,78 Misc.2d 7
• Parties: The PEOPLE of the State of New York, Appellant, v. Milford FIELDER, Respondent.
• Court: New York Supreme Court

Page 263

358 N.Y.S.2d 263

78 Misc.2d 7

The PEOPLE of the State of New York, Appellant, v. Milford FIELDER, Respondent.

Supreme Court, Appellate Term, Ninth and Tenth Judicial Districts.

April 30, 1974.

Francis W. Rhinow, Acting Dist. Atty. (Selig Resenzweig, Brooklyn, of counsel) for appellant.

Cordes, Purcell, Fritz & Ingrao, Commack (Joseph A. Ingrao, Commack, of counsel) for respondent.

Before HOGAN, P.J., and FARLEY and GAGLIARDI, JJ.

PER CURIAM.

Order dismissing information unanimously reversed on the law, jury verdict reinstated and matter remanded for sentencing of the defendant.

Upon the evidence presented, section 1196 of the Vehicle and Traffic Law authorized charging the jury herein that defendant could be found guilty of violating section 1192, subdivision 2, even though the information accused him only of violating subdivision 3 thereof. In our opinion, such a literal interpretation of section 1196 does not result in a denial of defendant's constitutional right to be apprised of the charge against him.