People v. Mosier

CourtUnited States State Supreme Court (New York)
Writing for the CourtJASEN
Citation10 Misc.2d 815,173 N.Y.S.2d 217
PartiesThe PEOPLE of The State of New York, Plaintiff-Respondent, v. Charles B. MOSIER, Defendant-Appellant.
Decision Date14 April 1958

Page 217

173 N.Y.S.2d 217
10 Misc.2d 815
The PEOPLE of The State of New York, Plaintiff-Respondent,
v.
Charles B. MOSIER, Defendant-Appellant.
Supreme Court, Erie County.
April 14, 1958.

Page 218

[10 Misc.2d 816] John F. Nugent, Buffalo, for defendant-appellant.

Robert A. Burrell, Buffalo, for plaintiff-respondent.

JASEN, Justice.

This is an appeal from a judgment of the City Court of Buffalo convicting appellant of leaving the scene of an accident, a misdemeanor, in violation of Section 70, subd. 5-a of the Vehicle and Traffic Law of New York State. The court imposed a fine of $50 and revoked appellant's license to operate a motor vehicle. Appellant claims that the information upon which he was put to trial, was fatally defective in that the allegations therein are made upon information and belief, therefore depriving the trial court of jurisdiction to try him. If appellant

Page 219

is correct, there can be no valid conviction. People v. Staples, Yates Cty.Ct.1957, 5 Misc.2d 619, 162 N.Y.S.2d 131. Appellant moved, at the opening of the trial, for the dismissal of the information as being defective. The motion was denied by the court. He again renewed his motion at the conclusion of the people's case, thereby preserving his right to attack the information on this appeal. People v. Taylor, Nass.Cty.Ct. 1936, 159 Misc. 536, 289 N.Y.S. 668.

The information, filed by the complainant, Erle A. Smith, charged the appellant with the crime of leaving the scene of an accident in essentially the words of the statute, adding the date, the name and address of the appellant, and the name of the street on which the appellant allegedly was travelling when he struck complainant's automobile. Added at the bottom of the charge was the following statement:

'This affidavit is made upon information and belief and the source of deponent's information and the grounds for his belief, defendant's statement of admission hereto attached, all of which deponent believes to be true. Wherefore the said complaint prays that a proper warrant may issue according to law, touching the premises.'

The signature of the complainant then appears, duly sworn to before a Clerk of the City Court of Buffalo.

The question of the legal sufficiency of an information insofar as the information may or may not require factual evidence, [10 Misc.2d 817] duly sworn to, to be included in the information has been a source of constant litigation in the courts of this state. There is now little question that when an information is the basis of a warrant of arrest, it must contain factual evidence given on oath, or be supported by affidavits, on oath, containing such evidence, which tends to show that a crime has been committed and that the defendant...

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3 practice notes
  • People v. Briggs
    • United States
    • New York Supreme Court Appellate Division
    • 2 Febrero 1966
    ...of Criminal Procedure, §§ 148-150; People ex rel. Perkins v. Moss, 187 N.Y. 410, 80 N.E. 383, 11 L.R.A.,N.S., 528; People v. Mosier, 10 Misc.2d 815, 173 N.Y.S.2d 217). Thus since the warrants were invalid, any arrest made pursuant thereto was not In reaching these conclusions we have little......
  • People ex rel. Rial v. Katner
    • United States
    • United States State Supreme Court (New York)
    • 8 Julio 1964
    ...116 N.E.2d 494). In another case involving an information which was made upon information and belief, the court said in People v. Mosier, 10 Misc.2d 815, 817, 173 N.Y.S.2d 217, 219, 'There is now little question that when an information is the basis of a warrant of arrest, it must contain f......
  • People v. Richberg
    • United States
    • New York City Court
    • 9 Octubre 1984
    ...to prosecute a criminal action. (CPL 100.10, subd. 1; People v. Scott, 3 N.Y.2d 148, 164 N.Y.S.2d 707, 143 N.E.2d 901 People v. Mosier, 10 Misc.2d 815, 173 N.Y.S.2d 217 When a criminal action, as here, commences on a misdemeanor complaint, that complaint must be converted to a jurisdictiona......
3 cases
  • People v. Briggs
    • United States
    • New York Supreme Court Appellate Division
    • 2 Febrero 1966
    ...of Criminal Procedure, §§ 148-150; People ex rel. Perkins v. Moss, 187 N.Y. 410, 80 N.E. 383, 11 L.R.A.,N.S., 528; People v. Mosier, 10 Misc.2d 815, 173 N.Y.S.2d 217). Thus since the warrants were invalid, any arrest made pursuant thereto was not In reaching these conclusions we have little......
  • People ex rel. Rial v. Katner
    • United States
    • United States State Supreme Court (New York)
    • 8 Julio 1964
    ...116 N.E.2d 494). In another case involving an information which was made upon information and belief, the court said in People v. Mosier, 10 Misc.2d 815, 817, 173 N.Y.S.2d 217, 219, 'There is now little question that when an information is the basis of a warrant of arrest, it must contain f......
  • People v. Richberg
    • United States
    • New York City Court
    • 9 Octubre 1984
    ...to prosecute a criminal action. (CPL 100.10, subd. 1; People v. Scott, 3 N.Y.2d 148, 164 N.Y.S.2d 707, 143 N.E.2d 901 People v. Mosier, 10 Misc.2d 815, 173 N.Y.S.2d 217 When a criminal action, as here, commences on a misdemeanor complaint, that complaint must be converted to a jurisdictiona......

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