People v. Rodriguez

CourtNew York Villiage Court
Writing for the CourtALBERT A. RUBIN
Citation394 N.Y.S.2d 542,90 Misc.2d 356
Decision Date09 May 1977
PartiesThe PEOPLE of the State of New York v. Enrique RODRIGUEZ.

Page 542

394 N.Y.S.2d 542
90 Misc.2d 356
The PEOPLE of the State of New York
v.
Enrique RODRIGUEZ.
Village Court of Rockville Centre, Town of Hempstead, Nassau County.
May 9, 1977.

Page 543

Defendant in pro. per.

ALBERT A. RUBIN, Justice.

Two questions are posed by this case:

1. Can an appearance ticket which lists on the face thereof the charge against the defendant, and which appearance ticket is signed by the defendant, be an accusatory instrument for the purpose of arraigning a defendant.

2. Can the Court arraign a defendant on just the copy of the appearance ticket when the defendant appears in Court in response to the appearance ticket and there is no officer there to charge him.

On March 15, 1977 Enrique Rodriguez appeared before the Rockville Centre Village Court pursuant to an Appearance Ticket issued by the Rockville Centre Police Department. Apparently he had been arrested on a warrant issued by the New York City Police Department for a violation of Section 511 of the Vehicle and Traffic Law Driving with a Suspended License. No uniform traffic summons or long form complaint was issued to him. When he was brought before the desk lieutenant he posted $25. under an appearance ticket and received the yellow copy of the appearance ticket. The defendant was told to be in court on Tuesday night, March 15th, and a copy of the Appearance Ticket was filed with the Village Court Clerk.

The defendant appeared at the time. The officer who had arrested him was not on duty and did not appear.

Attached to the Court's copy of the appearance ticket was a Rockville Centre police department report to the effect that the New York City Police Department was to be notified immediately when this man came before the court as there was a warrant for his arrest and the New York City Police wanted to pick him up.

The Court Clerk alerted the New York City police department as to the anticipated arrival of the defendant. When he did appear, the New York City police department was again called and told the Defendant was in Rockville Centre. There was a

Page 544

refusal on their part to send anyone to the Rockville Centre Court; instead the request was: "Just tell him he was to show up in New York City."

All the Court had before it was the copy of the appearance ticket. The policeman who had arrested him was not present. Accordingly, the Court released the Defendant and instructed the Rockville Centre Police Department to return the $25 which had been...

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11 practice notes
  • Rosario v. Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., AFL-CI
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 17 Julio 1979
    ...purposes of trial or plea." People v. Jarmain, 93 Misc.2d 950, 951, 403 N.Y.S.2d 886, 887 (Crim.Ct.N.Y.1978); People v. Rodriguez, 90 Misc.2d 356, 394 N.Y.S.2d 542 (Village Ct. of Rockville Centre 1977). No prosecution may proceed upon issuance of an Appearance Ticket unless the "......
  • People v. Brisotti, BTP-11
    • United States
    • New York City Court
    • 15 Noviembre 1995
    ...II" ) as to their finding that a DAT becomes a nullity when the People do not comply with CPL 150.50. See also, People v. Rodriguez, 90 Misc.2d 356 (Village Ct. of Rockville Centre, Nassau Co.1977) (defendant who appears before Court on DAT when no accusatory instrument filed and no of......
  • People v. Consolidated Edison Co.
    • United States
    • New York City Court
    • 11 Julio 1994
    ...at 678). For this reason, an appearance ticket has long been deemed "merely an invitation to appear", People v. Rodriguez, 90 Misc.2d 356, 357, 394 N.Y.S.2d 542 (Village Ct. Nassau Co.1977), and held not to "constitute an accusatory instrument for purposes of trial or plea.&q......
  • People v. Consolidated Edison Co. of New York, Inc.
    • United States
    • New York City Court
    • 17 Abril 1992
    ...violation of CPL 150.50 should result in dismissal of these proceedings. Defendant contends that the court in People v. Rodriguez, 90 Misc.2d 356, 394 N.Y.S.2d 542 (Village Ct. of Rockville Center, Town of Hempstead, Nassau County, 1977) "dismissed a proceeding for the failure of the P......
  • Request a trial to view additional results
11 cases
  • Rosario v. Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., AFL-CI
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 17 Julio 1979
    ...purposes of trial or plea." People v. Jarmain, 93 Misc.2d 950, 951, 403 N.Y.S.2d 886, 887 (Crim.Ct.N.Y.1978); People v. Rodriguez, 90 Misc.2d 356, 394 N.Y.S.2d 542 (Village Ct. of Rockville Centre 1977). No prosecution may proceed upon issuance of an Appearance Ticket unless the "......
  • People v. Brisotti, BTP-11
    • United States
    • New York City Court
    • 15 Noviembre 1995
    ...II" ) as to their finding that a DAT becomes a nullity when the People do not comply with CPL 150.50. See also, People v. Rodriguez, 90 Misc.2d 356 (Village Ct. of Rockville Centre, Nassau Co.1977) (defendant who appears before Court on DAT when no accusatory instrument filed and no of......
  • People v. Consolidated Edison Co.
    • United States
    • New York City Court
    • 11 Julio 1994
    ...at 678). For this reason, an appearance ticket has long been deemed "merely an invitation to appear", People v. Rodriguez, 90 Misc.2d 356, 357, 394 N.Y.S.2d 542 (Village Ct. Nassau Co.1977), and held not to "constitute an accusatory instrument for purposes of trial or plea.&q......
  • People v. Consolidated Edison Co. of New York, Inc.
    • United States
    • New York City Court
    • 17 Abril 1992
    ...violation of CPL 150.50 should result in dismissal of these proceedings. Defendant contends that the court in People v. Rodriguez, 90 Misc.2d 356, 394 N.Y.S.2d 542 (Village Ct. of Rockville Center, Town of Hempstead, Nassau County, 1977) "dismissed a proceeding for the failure of the P......
  • Request a trial to view additional results

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