People v. Pfendler
| Decision Date | 30 March 1961 |
| Parties | PEOPLE of the State of New York v. Ernest PFENDLER, Defendant. |
| Court | New York County Court |
Arthur A. Darrigrand, Dist. Atty., Utica (Dominick Parry, Rome, of counsel), for the People.
John G. Ringrose, Rome, for defendant.
The defendant appeals on two grounds, either of which would require a reversal.
The first is that the information was insufficient in that it was actually based on information and belief and there were no supporting affidavits. On its face, the information was sufficient. cf. People v. Bertram, 302 N.Y. 526, 99 N.E.2d 873.
The question presented is whether the information was merely a pleading in a criminal action rather than the source of the court's jurisdiction (see People v. Belcher, 302 N.Y. 529, 99 N.E.2d 874).
Since the Belcher case is predicated upon a lawful arrest, defendant contends that the arrest was made without a warrant and therefore illegal since the only authority for an arrest for the traffic infraction involved herein is found in Section 1193 of the Vehicle & Traffic Law which reads as follows:
'A police officer may, without a warrant, arrest a person, in case of a violation of section eleven hundred ninety-two, if such violation is coupled with an accident or collision in which such person is involved, which in fact has been committed, though not in the police officer's presence, when he had reasonable cause to believe that the violation was committed by such person.'
The defendant claims that the police officer arrived on the scene and did not see the defendant driving and that there had been no accident or collision.
The testimony of Deputy Sheriff Kroll was to the effect that defendant suddenly swerved to the left in front of him while Kroll was driving along Erie Boulevard and this forced Kroll onto the center mall. There was no collision and the question arises whether the forcing of Kroll onto the center mall constituted an 'accident'.
The word 'accident' is derived from the Latin verb 'Accidere' meaning to 'fall upon, befall, happen, chance.' In this general sense, the word has a wide application but in a legal sense and particularly in the operation of automobiles it has a more limited meaning and includes any untoward operation of the automobile which results in injury to the person or property of another (Black's Law Dictionary, 4th edition). It is unnecessary to pursue this semantic discussion further because of the fact that the second alleged error is determinative of the appeal in this court's opinion .
The learned Trial Justice permitted into evidence the result of a blood specimen.
Section 1192 of the Vehicle & Traffic Law provides:
'No conviction shall be had under this subdivision after entry of a plea of not guilty unless it is shown by means of a chemical test administered under section eleven hundred ninety-four that there was, within two hours of the defendant's arrest, ten-hundredths of one per centum or more by weight of alcohol in his blood.'
Thus, even though the transcript contains sufficient testimony independent of the blood test to show the defendant's ability to drive was impaired, the conviction may not be upheld unless the blood test be properly received in evidence under the statutory command.
It is in this respect, that the conviction cannot be sustained.
When the defendant was arrested, he agreed to submit to such a blood test and was subsequently taken to the Rome Hospital where a specimen of blood was taken by a physician. The specimen was...
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...Special Criminal Investigation Section, or in officer Wiesner's locker, and May have been accessible to others. (Cf., People v. Pfendler, 29 Misc.2d 339, 212 N.Y.S.2d 927; People v. Nicoletti, 34 N.Y.2d 249, 356 N.Y.S.2d 855, 313 N.E.2d The defendant's suspicion ignores the uncontradicted t......
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