People v. Hicks

CourtNew York Court of Special Sessions
Citation62 Misc.2d 79,308 N.Y.S.2d 485
Decision Date17 February 1970
PartiesPEOPLE of the State of New York, Plaintiff, v. William P. HICKS, Defendant.

Page 485

308 N.Y.S.2d 485
62 Misc.2d 79
PEOPLE of the State of New York, Plaintiff,
v.
William P. HICKS, Defendant.
Court of Special Sessions, Town of Amherst, Erie County.
Feb. 17, 1970.

Michael F. Dillon, Dist. Atty., Marshall Goldstein, Asst. Dist. Atty., for the People.

Walter L. Rooth, for defendant.

DECISION AND ORDER

SHERWOOD L. BESTRY, Town Justice.

These are motions to dismiss three uniform traffic tickets.

The defendant was personally served, by an officer of the Erie County Sheriff's Department, with three uniform traffic tickets charging the following offenses: Ticket No. 67676, Section 1192, subd. 2 of the Vehicle and Traffic Law, Driving While Intoxicated, on the 15th day of November, 1969, at 3:25 a.m. at [62 Misc.2d 80] Route 78(S), Town of Amherst;

Page 486

Ticket No. 67678, Section 1163(b) of the Vehicle and Traffic Law, Turning Without Signalling, on the 15th day of November, 1969, at 3:30 a.m. at Route 78(s) and Wehrle Drive, Town of Amherst; and Ticket No. 67677, Section 1126(a) of the Vehicle and Traffic Law, Driving to Left of Pavement Markings, on the 15th day of November, 1969, at 3:25 a.m. at Route 78(s), Town of Amherst.

The tickets notified the defendant to appear at this Court on November 26, 1969, at 7:30 p.m. Defendant appeared with his attorney, was arraigned by Hon. Theodore E. Smith, Jr., and pleaded not guilty. The cases were adjourned until December 22, 1969 to set a date for trial. On December 22, 1969, a trial date of December 31, 1969, was set.

On the latter date defendant appeared with his attorney and a witness, ready for trial. The complaining witness did not appear and defendant moved to dismiss for failure to prosecute. The District Attorney did not object and the motions were granted 'without prejudice'.

Subsequently, the same officer issued three new uniform traffic tickets as follows: Ticket No. 68262, Section 1192, subd. 2 of the Vehicle and Traffic Law, Driving While Intoxicated, on the 15th day of November, 1969, at 3:25 a.m. at Route 78(S), Town of Amherst; Ticket No. 68258, Section 1163(b) of the Vehicle and Traffic Law, Turning without Signalling, on the 15th day of November, 1969, at 3:30 a.m. at Route 78(s) and Wehrle Drive; and Ticket No. 68259, Section 1126(a) of the Vehicle and Traffic Law, Driving Left of Pavement Markings, on the 15th day of November, 1969, at 3:25 a.m. at Route 78(s), Town of Amherst.

The tickets notified the defendant to appear at this Court on January 14, 1970, at 8:00 p.m. The defendant did appear with his attorney and made these motions to dismiss on the grounds that the same charges had been previously dismissed for failure to prosecute.

With reference to Ticket No. 68258 charging a violation of 1163(b) of the Vehicle and Traffic Law, the ticket fails...

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3 practice notes
  • People v. Bell
    • United States
    • New York City Court
    • 12 Julio 1978
    ...same charge has been previously dismissed for lack of prosecution (People v. Miller, 63 Misc.2d 879, 313 N.Y.S.2d 543). People v. Hicks, 62 Misc.2d 79, 308 N.Y.S.2d 485, takes a different and what this court believes is the correct interpretation of section 673. The case involved misdemeano......
  • People v. Morning
    • United States
    • New York County Court
    • 31 Diciembre 1979
    ...code of Criminal Procedure may have been too broad (see People v. Bell, 95 Misc.2d 360, 365, 407 N.Y.S.2d 944, 947; People v. Hicks, 62 Misc.2d 79, 308 N.Y.S.2d 485). It is also not clear from the opinion as to whether the earlier dismissal for "failure to prosecute" was on a &quo......
  • Lumbermens Mut. Cas. Co. v. Barnett
    • United States
    • United States State Supreme Court (New York)
    • 21 Julio 1977
    ...Paper Co. v. Continental Can Co., 35 N.Y.2d 322, 361 N.Y.S.2d 873, 320 N.E.2d 619; McGroarty v. Great American Ins. Co., 36 N.Y.2d 358, 308 N.Y.S.2d 485, 329 N.E.2d The obligation of the insurer as to the payment of any judgment on behalf of Kenneth Barnett is premature even for declaratory......

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