From Casetext: Smarter Legal Research

People v. Fielder

Supreme Court, Appellate Term, Second Department
Apr 30, 1974
78 Misc. 2d 7 (N.Y. App. Term 1974)

Opinion

April 30, 1974

Appeal from the District Court of Suffolk County, HOWARD BERLER, J.

Francis W. Rhinow, Acting District Attorney ( Selig Rosenzweig of counsel), for appellant.

Cordes, Purcell, Fritz Ingrao ( Joseph A. Ingrao of counsel), for respondent.


MEMORANDUM.

Upon the evidence presented, section 1196 Veh. Traf. of the Vehicle and Traffic Law authorized charging the jury herein that defendant could be found guilty of violating section 1192, subdivision 2, even though the information accused him only of violating subdivision 3 thereof. In our opinion, such a literal interpretation of section 1196 does not result in a denial of defendant's constitutional right to be apprised of the charge against him.

Concur — HOGAN, P.J., FARLEY and GAGLIARDI, JJ.

Order dismissing information unanimously reversed on the law, jury verdict reinstated, and matter remanded for sentencing of the defendant.


Summaries of

People v. Fielder

Supreme Court, Appellate Term, Second Department
Apr 30, 1974
78 Misc. 2d 7 (N.Y. App. Term 1974)
Case details for

People v. Fielder

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MILFORD FIELDER…

Court:Supreme Court, Appellate Term, Second Department

Date published: Apr 30, 1974

Citations

78 Misc. 2d 7 (N.Y. App. Term 1974)
358 N.Y.S.2d 263

Citing Cases

People v. Smith

The Supreme Court (Second Department) acting as an Appellate Term, reversed and reinstated the jury verdict…

People v. Owens

The fact that subdivision 3 of section 1192 Veh. Traf. of the Vehicle and Traffic Law was not charged in the…