People v. Shapiro

Decision Date28 February 1984
Citation474 N.Y.S.2d 470,61 N.Y.2d 880,462 N.E.2d 1188
Parties, 462 N.E.2d 1188 The PEOPLE of the State of New York, Appellant, v. Lawrence SHAPIRO, Respondent.
CourtNew York Court of Appeals Court of Appeals

Jonathan A. Weinstein, Village Atty., for appellant.

Ira J. Raab and Robert S. Reiff, Woodmere, for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Term should be affirmed.

In view of the fact that the village constabulary was not lawfully constituted (County of Nassau v. Incorporated Vil. of Woodsburgh, 58 N.Y.2d 996, 461 N.Y.S.2d 1008, 448 N.E.2d 793), the constable in this case had no authority to issue a uniform traffic information (CPL 100.10, subd. 2, par. [a] ). Although an ordinary information may be filed by any person (CPL 100.10, subd. 1), the instrument may not serve that function in this case because it did not contain, as the statute requires, "a statement of the complainant alleging facts of an evidentiary character supporting or tending to support the charges" (CPL 100.15, subd. 3).

COOKE, C.J., and JASEN, JONES, WACHTLER, MEYER and KAYE, JJ., concur.

SIMONS, J., taking no part.

Order affirmed in a memorandum.

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19 cases
  • People v. Rossi
    • United States
    • New York Justice Court
    • 29 Mayo 1992
    ...the statute and by an officer authorized to do so under the statute. CPL §§ 1.20(5) and 100.10(2). See also: People v. Shapiro, 61 N.Y.2d 880, 474 N.Y.S.2d 470, 462 N.E.2d 1188. However, since a simplified information does not provide any evidentiary facts with respect to the charge, it doe......
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