People v. Simonetti
| Decision Date | 30 December 1969 |
| Citation | 62 Misc.2d 285,306 N.Y.S.2d 512 |
| Parties | The PEOPLE of the State of New York v. Thomas SIMONETTI, a/k/a Thomas York, Defendant. |
| Court | New York District Court |
The defendant charged with unlicensed operation in violation of Vehicle and Traffic Law § 501 moves to dismiss the information on the grounds that it 'is jurisdictionally defective because it has not been subscribed to, sworn to under oath or properly verified and the complainant is not identified therein and because the defendant has been denied the right to a speedy trial, * * *'
Defendant makes no mention as to whether a traffic summons was served upon him at the time and place of the alleged offense, July 2, 1966, at Port Jefferson Station in this county. The court--for the purposes of this motion--will assume that a summons was served. If the contrary is shown on the trial of this action, the complaint will be dismissed because the oath has been administered by a supervising officer (People v. Polle, 9 N.Y.2d 349, 214 N.Y.S.2d 369, 174 N.E.2d 474).
Among other papers, the court file contains the 'complaint,' a copy of the 'uniform traffic ticket,' the 'certificate concerning violation of law relating to vehicles,' the 'back up sheet' showing that the defendant was expected to appear July 27, 1966, and noting his nonappearance on that date--which would indicate that the complaint was filed on or prior to that date, and a copy of the warrant dated October 13, 1967, reciting that an information was laid before the issuing judge on October 10, 1967.
The complaint, copy of the ticket, and the certificate are part of a packet. A carbon copy of the signature of the issuing officer appears on the copy of the ticket and on the certificate.
A careful examination of the complaint shows a carbon reproduction of the upper portion of the letter 'S' and the impression of the remainder of the issuing officer's signature which would permit an inference that either the carbon paper over the complaint was defective or that it may have been folded over at the time the packet was signed.
General Construction Law § 46 provides that 'The term signature includes any memorandum, mark or sign, written, printed, stamped, photographed, engraved or otherwise placed upon any instrument or writing with intent to execute or authenticate such instrument or writing.' As was said in ...
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People v. Anderson
...defendant has a right to a speedy trial ... he also has the obligation to appear when requested to do so." (People v. Simonetti, 62 Misc.2d 285, 287, 306 N.Y.S.2d 512, 514 [1969] The defendant's action on June 16, 1984 is equivalent to a reissuance of a bench warrant. At that time he was no......
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People v. Cleland
...in Section 91 and following of the Regulations. People v. Godin, 80 Misc.2d 919, 365 N.Y.S.2d 412, 1975, and People v. Simonetti, 62 Misc.2d 285, 306 N.Y.S.2d 512, 1969, both deal with the question before this court. Both cases hold that as long as the officer's name appears on the summons ......