People v. Samsel
| Decision Date | 21 February 1969 |
| Citation | 59 Misc.2d 833,300 N.Y.S.2d 777 |
| Parties | PEOPLE of the State of New York, Plaintiff v. Richard D. SAMSEL, Defendant. |
| Court | New York City Court |
On October 31, 1968, Officer J.J., Gravante, a Patrolman on the Batavia City Police Force, issued a Summons to the defendant herein, charging him with a violation of Section 600 of the Vehicle and Traffic Law occurring at 7:10 P.M. in the City of Batavia. The charge is specified as 'Leaving the Scene of an Accident'. The violation charged is a misdemeanor. On November 7, 1968, the defendant plead not guilty to the charge and requested a bill of particulars. On November 12, 1968, a bill of particulars, sworn to by Officer Gravante, was submitted and is set out below.
Bill of Particulars, Motor 256 M V Williamson Law Book Co
Vehicle Rochester 9, N.Y
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STATE OF NEW
COURT OF SPECIAL SESSIONS
(TOWN-
OF BATAVIA........... > ss
CITY
COUNTY OF GENESEE
J.J. Gravante, Patrolman,.......................... being duly sworn,
(Name and Informant, and Title if Officer of Law)
deposes and says: that Richard D. Samsel, at about 7:10 o'clock in the
.................
(Name of Defendant)
P.M. of the 31st day of October, 1968, did commit a (traffic infraction -
misdemeanor - crime) in violation of Article 22, Section 600, Subdivision ...
of the Vehicle and Traffic Law of the State of New York, in that (he)
did ride, drive, propel and operate a motor vehicle, to wit:
a 1965 Ford Convertible, bearing Registration No...4254-GS.....................
........................
(Year and Make of Vehicle)
State of ...New York.........., upon................Buell Street...............
(Street-Road-Route No.)
a public highway in the (City) of Batavia, County of Genesee, State of New
York, as follows: Defendant driving north on Buell street, stopping said
.............................................................
vehicle in front of 19 Buell street where an argument ensued between
...............................................................................
defendant and MRS. MARY FASANO & GERALD FASNO. MRS. FASANO having her
...............................................................................
hand caught on the door handle, was dragged from 19 Buell to
...............................................................................
in front of number 23 Buell street. Defendant fled from the scene
and later arrested at his home.
Sworn to before me this
12 day of NOVEMBER, 1968.
......................
.................................... (Informant)
(Justice of the Peace Police Justice)
On January 27, 1969, the defendant moved to dismiss the charge on the ground that the complaint and bill of particulars failed to allege or charge any crime or offense. The defendant points out that there is no allegation that he knew any person was injured or that the injury was caused either by his culpability or by accident.
The defendant is correct in claiming that the complaint and bill of particulars do not allege all the essential elements of the crime charged. There is ample authority for the position that the information must set out the acts constituting the crime with the same clarity as an indictment and must state the offense and ...
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People v. Siebenrock
...316, 194 N.E.2d 132). Therefore the Bill of Particulars need not meet all the formal requirements of an Information, People v. Samsel, 59 Misc.2d 833, 300 N.Y.S.2d 777; Simplified Traffic Information may be upon Information on belief, without so stating, People v. Boback, 23 N.Y.2d 189, 295......
- Huttner v. State, 50519