People v. Polle
Decision Date | 30 March 1961 |
Parties | , 174 N.E.2d 474 PEOPLE of the State of New York, Respondent, v. Harold E. POLLE, Appellant. |
Court | New York Court of Appeals Court of Appeals |
John J. Leonard, Honeoye Falls, for appellant.
John J. Conway, Jr., Dist. Atty., Rochester (Kenneth J. Smith, Rochester, of counsel), for respondent.
Defendant was convicted of a violation of subdivision 5 of section 70 of the Vehicle and Traffic Law, Consol.Laws, c. 71 1 a misdemeanor. The information was sworn to before a sergeant of the Sheriff's office who was not a notary public. He had no authority to administer the oath unless authorized by section 74-b (now § 208) of the Vehicle and Traffic Law. That section, however, authorizes him to take oaths only where 'a traffic summons has been served'. The People's witness, the arresting officer, flatly testified that no traffic summons had been served. Immediately after the establishment of this fact, defendant moved for a dismissal of the information. The motion should have been granted since the court had no jurisdiction (People v. Scott, 3 N.Y.2d 148, 151, 164 N.Y.S.2d 707, 709). We do not feel that we may 'reject the literal meaning' of section 74-b as respondent suggests.
The judgment of the County Court should be reversed, the judgment of conviction vacated, and the information dismissed.
Judgment reversed and the information dismissed.
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...been established in this State (People ex rel. Siegal v. Dros, 11 N.Y.2d 167, 227 N.Y.S.2d 431, 182 N.E.2d 106; People v. Polle, 9 N.Y.2d 349, 214 N.Y.S.2d 369, 174 N.E.2d 474). It is irrelevant whether the information be used as a basis for an arrest or merely as a pleading document (Peopl......
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