People v. Weeks
| Decision Date | 31 October 1963 |
| Citation | 244 N.Y.S.2d 316,13 N.Y.2d 944 |
| Parties | , 194 N.E.2d 132 The PEOPLE etc., Appellant, v. Harold L. WEEKS, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Defendant was convicted of speeding in violation of the Vehicle and Traffic Law, Consol.Law, c. 71, § 1180(b), par. 2. The Court of Special Sessions of the Town of Sennett, Cayuga County, Bert S. Westlake, J., entered a judgment, and the defendant appealed.
The County Court, Saperstein, Acting J., reversed the judgment, dismissed the information, directed that fine be remitted and that the defendant's license be restored, and held that information was based on unsupported hearsay and was defective ab initio, where facts constituting alleged violation were not within personal knowledge of peace officer filing information, and information did not state that it was based on information and belief, and depositions were not attached thereto.
The People of the State of New York appealed to the Court of Appeals. Theodore M. Coburn, Auburn (Charles W. Avery, Auburn, of counsel), for plaintiff-appellant.
Michaels, Port & Cuddy, Auburn (Peter E. Corning, Auburn, of counsel), for defendant-respondent.
Louis J. Lefkowitz, Atty. Gen. , as amicus curiae in support of reversal.
Order of cayuga County Court reversed and judgment of the Court of Special Sessions of the Town of Sennett reinstated. The challenged simplified traffic information, being substantially in the form prescribed by the Commissioner of Motor Vehicles pursuant to section 207 of the Vehicle and Traffic Law, when coupled with the bill of particulars of the violation charged filed by the peace officers, was sufficient to inform defendant and the court of the nature and character of the violation with which defendant was charged and to satisfy the applicable statutory requirements ).
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People v. Boback
...the information is signed by an officer whose knowledge of the facts is based upon information and belief. In People v. Weeks, 13 N.Y.2d 944, 244 N.Y.S.2d 316, 194 N.E.2d 132, defendant was issued a Simplified Traffic Information under section 147--g of the Code of Criminal Procedure for sp......
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People v. Boback
...from which the information alleged in the complaint could have been obtained. The Court of Appeals, in People v. Weeks, 13 N.Y.2d 944, 244 N.Y.S.2d 316, 194 N.E.2d 132, reversed the order of the Cayuga County Court and upheld the form of simplified traffic information 'when coupled with the......
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People v. Siebenrock
... ... The Court's jurisdiction rests on the simplified Traffic Information and not the Bill of Particulars (People v. Weeks, 39 Misc.2d 765, 242 N.Y.S.2d 121 rev. on other grounds 13 N.Y.2d 944, 244 N.Y.S.2d 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 ... ...
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People v. Blasier, 2010 NY Slip Op 30660(U) (N.Y. Dist. Ct. 3/28/2010)
...authorized where the information is signed by an officer whose knowledge of the facts is based upon information and belief. In 1. People v. Weeks, 13 N.Y.2d 944. 244 N.Y.S.2d 316, 194 N.E.2d 132, defendant was issued a Simplified Traffic Information under section 147-g of the Code of Crimin......