People v. Weeks

CourtNew York County Court
Writing for the CourtGERALD SAPERSTEIN
Citation242 N.Y.S.2d 121,39 Misc.2d 765
PartiesThe PEOPLE of the State of New York, Plaintiff-Respondent, v. Harold L. WEEKS, Defendant-Appellant.
Decision Date19 July 1963

Page 121

242 N.Y.S.2d 121
39 Misc.2d 765
The PEOPLE of the State of New York, Plaintiff-Respondent,
v.
Harold L. WEEKS, Defendant-Appellant.
Cayuga County Court.
July 19, 1963.

Page 122

Michaels, Port & Cuddy, Auburn (Peter E. Corning, Auburn, of counsel), for defendant-appellant.

Theodore M. Coburn, Dist. Atty. (Charles W. Avery, Asst. Dist. Atty., of counsel), for plaintiff-respondent.

[39 Misc.2d 766] GERALD SAPERSTEIN, Acting Judge.

On March 23, 1963, while the defendant, Harold L. Weeks, was driving a 1955 Buick sedan in a westerly direction in the Town of Sennett, Cayuga County, State of New York, he passed through a radar unit operated by Tropper A. T. Slocum, who by radio informed Tropper D. B. Eldridge in a pickup car that the 1955 Buick sedan was traveling at 72 m. p. h. Trooper Eldridge stopped the 1955 Buick sedan. He ascertained

Page 123

that the defendant, Harold L. Weeks, was the operator, and issued a uniform traffic ticket to him for traveling 72 m. p. h. in a 50 m. p. h. zone, in violation of Section 1180(b) 2, of the Vehicle and Traffic Law. Trooper Eldridge filed a copy of the uniform traffic ticket entitled 'COMPLAINT,' with Bert S. Westlake, Justice of Peace, Town of Sennett. This ticket was used as the information pursuant to Chapter 1-A of title 3 of part 4 (§§ 147-a-147-g) of the Code of Criminal Procedure (simplified traffic informations). The complete information reads as follows:

NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE

Page 124

[39 Misc.2d 767] There were no supporting depositions attached to the information, nor did it state that it was based upon information and belief.

On March 25, 1963, the defendant appeared before Bert S. Westlake, Justice of the Peace. After the defendant was informed of all his rights, a motion was made by his attorney for dismissal of the information on the grounds it was insufficient. This motion was denied. The defendant pleaded not guilty, requested a bill of particulars and demanded a trial. On March 27, 1963, a bill of particulars in the form of supporting affidavits signed by Troopers Eldridge and Slocum, were filed with the Court.

A trial without a jury was held on May 16, 1963 in the Court of Special Sessions of the Town of Sennett, County of Cayuga, State of New York, Bert S. Westlake, Justice of the Peace, presiding. The defendant was found guilty of the charge of speeding in violation of Section 1180(b) 2 of the Vehicle and Traffic Law of the State of New York. He was fined $50.00 and his operator's license was revoked. The fine was paid, and the defendant has appealed his conviction.

The Assistant District Attorney, Charles W. Avery, and Peter E. Corning, attorney for the defendant, have stipulated that the only error to be reviewed is the sufficiency of the short-form information filed by Trooper Eldridge pursuant to Chapter 1-A of title 3 of part 4 of the Code of Criminal Procedure.

This Court is not asked to pass upon the legality of the use of the simplified traffic information when all the facts constituting the violation are within the personal knowledge of the peace officer...

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3 practice notes
  • People v. Siebenrock
    • United States
    • New York Court of Special Sessions
    • December 14, 1970
    ...of Particulars. 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......
  • People v. Smalley
    • United States
    • New York County Court
    • October 21, 1970
    ...the limit' as marked on the information in violation of Vehicle and Traffic Law section 1180(b). Defendant relies upon People v. Weeks, 39 Misc.2d 765, 768, 242 N.Y.S.2d 121, 125, rev'd on other grounds 13 N.Y.2d 944, 244 N.Y.S.2d 316, 194 N.E.2d 132, in which the appellate court said, 'The......
  • People v. Weeks
    • United States
    • New York Court of Appeals
    • October 31, 1963
    ...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 Defendant was convicted of speeding in violation of the Vehicle and Traffic Law, Consol.Law, c. 71, § 1180(b), par. 2. The Cour......
3 cases
  • People v. Siebenrock
    • United States
    • New York Court of Special Sessions
    • December 14, 1970
    ...of Particulars. 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......
  • People v. Smalley
    • United States
    • New York County Court
    • October 21, 1970
    ...the limit' as marked on the information in violation of Vehicle and Traffic Law section 1180(b). Defendant relies upon People v. Weeks, 39 Misc.2d 765, 768, 242 N.Y.S.2d 121, 125, rev'd on other grounds 13 N.Y.2d 944, 244 N.Y.S.2d 316, 194 N.E.2d 132, in which the appellate court said, 'The......
  • People v. Weeks
    • United States
    • New York Court of Appeals
    • October 31, 1963
    ...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 Defendant was convicted of speeding in violation of the Vehicle and Traffic Law, Consol.Law, c. 71, § 1180(b), par. 2. The Cour......

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