People v. Squilleri

CourtNew York Magistrate Court
Citation37 Misc.2d 291,231 N.Y.S.2d 443
Decision Date27 August 1962
PartiesPEOPLE of the State of New York, Complainant, v. Robert SQUILLERI, Defendant. City Magistrate's Court of City of New York, North Queens Traffic Court

Page 443

231 N.Y.S.2d 443
37 Misc.2d 291
PEOPLE of the State of New York, Complainant,
v.
Robert SQUILLERI, Defendant.
City Magistrate's Court of City of New York, North Queens
Traffic Court.
Aug. 27, 1962.

Page 444

John J. Kerns, Sergeant, Counsel, Safety Div., Police Dept., New York City, for the People.

Joseph Lonardo, Long Island City, for defendant.

AARON F. GOLDSTEIN, City Magistrate.

The defendant is charged with violating Section 1182 of the Vehicle and Traffic Law. The trial was held before me and at the conclusion decision was reserved on the defendant's motion to dismiss the complaint on the ground that the same was insufficient.

The complaint against the defendant alleges 'That on April 7, 1962 at about 4:25 p. m., the defendant, Robert Squilleri, did drive a vehicle on Horace Harding Expressway eastbound between Main Street and Kissena Boulevard, a public highway in the County of Queens, City and State of New York, and did enter into a drag race with another vehicle in violation of Article 30, Section 1182 of the Vehicle and Traffic Law.'

Section 1182 of the Vehicle and Traffic Law reads as follows:

'1182. Speed contests and races. No races or contests for speed shall be held and no person shall engage in or aid or abet in any motor vehicle speed contest or exhibition of speed on a highway without the permission of the authorities of the state, city, town or village having jurisdiction and unless the same is fully and efficiently patrolled for the entire distance over which such race or contest for speed is to be held.'

The defendant contends that the complaint is insufficient on its face. An information charging the commission of a crime must state the crime and the acts constituting such crime, with the same particularity, clarity and exactness as in an indictment. This is to inform the defendant of the nature of the charge against him and of the act or acts constituting it, so that the defendant cannot be tried again for the same offense. People v. Grogan, 260 N.Y. 138, 183 N.E. 273, 86 A.L.R. 1266. However, the violation with which the defendant is charged is not a crime. It is a traffic infraction punishable by a maximum fine of $50.00 or fifteen days imprisonment, or both. (Sections 155, 1800, Vehicle and Traffic Law).

[37 Misc.2d 292] In Webster's Third New International Dictionary, Page 684, a drag race is defined as, 'An acceleration contest between automobiles, esp. hot rods.' The Encyclopedia Americana, Vol....

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3 practice notes
  • City of Madison v. Geier
    • United States
    • United States State Supreme Court of Wisconsin
    • June 4, 1965
    ...calibrating the tachometer on one car whose speedometer was broken with the speedometer in the other car. In People v. Squilleri (1962), 37 Misc.2d 291, 231 N.Y.S.2d 443, the defendant was convicted of 'drag racing' as a violation of the New York Vehicle and Traffic Law prohibiting 'races o......
  • People v. Perez
    • United States
    • New York Criminal Court
    • March 18, 2003
    ...Misc.2d 176] It has been held that an information need not set forth matters of which judicial notice may be taken. (People v Squilleri, 37 Misc 2d 291 [Magis Ct 1962]; People v Resciniti, 191 Misc 719 [NY County Ct 1948]; but see, People v Hussein, 177 Misc 2d 139 [Crim Ct, Kings County 19......
  • People v. Vasquez, AP-3
    • United States
    • New York City Court
    • September 30, 1987
    ...not set forth matters of which judicial notice may be taken. People v. Resciniti, 191 Misc. 719, 81 N.Y.S.2d 338; People v. Squilleri, 37 Misc.2d 291, 231 N.Y.S.2d 5 Some of the cases were adjourned to that date but, at the requests of other defendants, their cases were adjourned to later d......
3 cases
  • City of Madison v. Geier
    • United States
    • United States State Supreme Court of Wisconsin
    • June 4, 1965
    ...calibrating the tachometer on one car whose speedometer was broken with the speedometer in the other car. In People v. Squilleri (1962), 37 Misc.2d 291, 231 N.Y.S.2d 443, the defendant was convicted of 'drag racing' as a violation of the New York Vehicle and Traffic Law prohibiting 'races o......
  • People v. Perez
    • United States
    • New York Criminal Court
    • March 18, 2003
    ...Misc.2d 176] It has been held that an information need not set forth matters of which judicial notice may be taken. (People v Squilleri, 37 Misc 2d 291 [Magis Ct 1962]; People v Resciniti, 191 Misc 719 [NY County Ct 1948]; but see, People v Hussein, 177 Misc 2d 139 [Crim Ct, Kings County 19......
  • People v. Vasquez, AP-3
    • United States
    • New York City Court
    • September 30, 1987
    ...not set forth matters of which judicial notice may be taken. People v. Resciniti, 191 Misc. 719, 81 N.Y.S.2d 338; People v. Squilleri, 37 Misc.2d 291, 231 N.Y.S.2d 5 Some of the cases were adjourned to that date but, at the requests of other defendants, their cases were adjourned to later d......

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