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People v. Drebitko

County Court, Schenectady County
Jan 28, 1957
4 Misc. 2d 753 (N.Y. Cnty. Ct. 1957)

Opinion

January 28, 1957

Appeal from the Court of Special Sessions, HUGH McDOUGALL, J.P.

David B. Alford for appellant.

Emmet J. Lynch, District Attorney ( Duncan S. McNab of counsel), for respondent.


The District Attorney's office did not participate in the trial and on argument of the appeal stood on the record.

From the record it appears that the information upon which the charge was based, which was signed by G. Valsamedis, State trooper, was not supported by depositions of persons in possession of facts. The said information contains the following concluding sentence: "This information is based on information and belief of verbal statements and investigation at the scene of the accident."

Since the "information" was unsupported, no jurisdiction was conferred on the trial court. The resulting conviction was a nullity.

Therefore, the conviction is reversed and the fine of $20 is ordered restored to the defendant.

Submit order.


Summaries of

People v. Drebitko

County Court, Schenectady County
Jan 28, 1957
4 Misc. 2d 753 (N.Y. Cnty. Ct. 1957)
Case details for

People v. Drebitko

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM FREDERICK…

Court:County Court, Schenectady County

Date published: Jan 28, 1957

Citations

4 Misc. 2d 753 (N.Y. Cnty. Ct. 1957)
159 N.Y.S.2d 28

Citing Cases

People v. Markle

The Bertram authority has been consistently followed. (See People v. Drebitko, 4 Misc.2d 753; People v.…