People v. Turner

CourtNew York Court of Special Sessions
Writing for the CourtFor the above reasons the motion to amend the information to read that it be directed to the justice as a Town Justice instead of a Justice of the Peace would not comply with the instructions and teachings of the Judicial Conference course for justic
Citation296 N.Y.S.2d 509,58 Misc.2d 487
Decision Date12 December 1968
PartiesThe PEOPLE of the State of New York, Plaintiff, v. Vernon TURNER, Defendant.

Page 509

296 N.Y.S.2d 509
58 Misc.2d 487
The PEOPLE of the State of New York, Plaintiff,
v.
Vernon TURNER, Defendant.
Court of Special Sessions of Town of Dix, Schuyler County.
Dec. 12, 1968.

Page 510

William N. Ellison, Dist. Atty., Schuyler County, for plaintiff.

Machson & Gellman, Monticello (Emanuel Gellman, Monticello, of counsel), for defendant.

WALTER W. DUNBAR, Town Justice.

The defendant is charged with unlawfully dealing in fireworks in violation of section 270.00 sub. 2 of the Penal Law. At a pre-trial conference a motion was made by the People to amend the information. The amendment requested is that the information now directed to 'Walter W. Dunbar, Justice of the Peace of the Town of Dix' be stricken and that the words 'Walter W. Dunbar, Town Justice of the Town of Dix' be inserted therein. It is also moved that the printed words 'Village Justice' that are found on the information form directly under the signature of the justice be stricken and leave the printed words 'Town Justice'.

As to the striking of the words 'Village Justice', this court will grant the motion of the People.

As to the other, this court has already ruled in the instant case that there is no loss of jurisdiction merely because the arresting officer referred to the court as 'Walter W. Dunbar, Justice of the Peace of the Town of Dix'. The Code of Criminal Procedure which was in fact amended and became effective on the same date as the revised Justice Court Act, (now known as the Uniform Justice Court Act) still refers to justices of the town courts as 'justices of the peace'. (Sec. 60, Code Criminal Procedure and L.1967, Ch. 681, Sec. 13, eff. Sept. 1, 1967) also (Sec. 147--'Who are magistrates'--CCP). In the laws of 1968 the legislature saw fit to amend the Domestic Relations Law by Chapter 723 which amended Sec. 11, Sub. 3 to read 'town or city justice' in place of 'justice of the peace' but again did not amend the wording of the Code of [58 Misc.2d 488] Criminal Procedure. Section 2104 Sub. (b) of the Uniform Justice Court Act states--'A reference in any general or special statute, law, local law, ordinance, resolution, rule, regulation or order: * * * (b) to a justice of the peace of a town shall be deemed a reference to the Town court (emphasis added) as used in this act or the justice of such town court.' (see commentary by David D. Siegel in McKinney's Consolidated Laws of New York 1968--1969 cumulative annual pocket part) Further, section...

To continue reading

Request your trial
1 practice notes
  • People v. Mulligan
    • United States
    • New York District Court
    • August 26, 1970
    ...Page 426 the name of the accused, People v. Cruz, 285 App.Div. 1076, 139 N.Y.S.2d 722, and the name of the court, People v. Turner, 58 Misc.2d 487, 296 N.Y.S.2d In the Turner case the People sought to amend the information to remove the words 'Village Justice' from under the judge's signatu......
1 cases
  • People v. Mulligan
    • United States
    • New York District Court
    • August 26, 1970
    ...Page 426 the name of the accused, People v. Cruz, 285 App.Div. 1076, 139 N.Y.S.2d 722, and the name of the court, People v. Turner, 58 Misc.2d 487, 296 N.Y.S.2d In the Turner case the People sought to amend the information to remove the words 'Village Justice' from under the judge's signatu......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT