People v. Weeks

CourtNew York Court of Appeals
Writing for the CourtThe County Court, Saperstein
Citation244 N.Y.S.2d 316,13 N.Y.2d 944
Decision Date31 October 1963
Parties, 194 N.E.2d 132 The PEOPLE etc., Appellant, v. Harold L. WEEKS, Respondent.

Page 316

244 N.Y.S.2d 316
13 N.Y.2d 944, 194 N.E.2d 132
The PEOPLE etc., Appellant,
v.
Harold L. WEEKS, Respondent.
Court of Appeals of New York.
Oct. 31, 1963.

Appeal from County Court, Cayuga County, 39 Misc.2d 765, 242 N.Y.S.2d 121.

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.

[13 N.Y.2d 945]

Page 317

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. (Paxton Blair, Sol. Gen., and Philip J. Fitzgerald, Principal Atty., Albany, of counsel), 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 (Code of Criminal Procedure, § 147-a et seq., enacted as pt. IV, tit. III, ch. I-A (Simplified Traffic Informations) by L.1962, ch. 605, eff. Oct. 1, 1962).

To continue reading

Request your trial
9 practice notes
  • People v. Boback
    • United States
    • New York Court of Appeals
    • 21 Noviembre 1968
    ...information[23 N.Y.2d 192] 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 Proce......
  • People v. Boback
    • United States
    • New York County Court
    • 22 Noviembre 1967
    ...or depositions 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 c......
  • People v. Siebenrock
    • United States
    • New York Court of Special Sessions
    • 14 Diciembre 1970
    ...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. ......
  • People v. Blasier, 2010 NY Slip Op 30660(U) (N.Y. Dist. Ct. 3/28/2010), No. 47569.
    • United States
    • New York District Court
    • 28 Marzo 2010
    ...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 Criminal Procedur......
  • Request a trial to view additional results
9 cases
  • People v. Boback
    • United States
    • New York Court of Appeals
    • 21 Noviembre 1968
    ...information[23 N.Y.2d 192] 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 Proce......
  • People v. Boback
    • United States
    • New York County Court
    • 22 Noviembre 1967
    ...or depositions 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 c......
  • People v. Siebenrock
    • United States
    • New York Court of Special Sessions
    • 14 Diciembre 1970
    ...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. ......
  • People v. Blasier, 2010 NY Slip Op 30660(U) (N.Y. Dist. Ct. 3/28/2010), No. 47569.
    • United States
    • New York District Court
    • 28 Marzo 2010
    ...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 Criminal Procedur......
  • Request a trial to view additional results

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