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People v. Fielder

78 Misc. 2d 7, 358 N.Y.S.2d 263, 1974 N.Y. Misc. LEXIS 1312
CourtAppellate Terms of the Supreme Court of New York
DecidedApril 30, 1974
StatusPublished
Cited by3 cases

This text of 78 Misc. 2d 7 (People v. Fielder) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Fielder, 78 Misc. 2d 7, 358 N.Y.S.2d 263, 1974 N.Y. Misc. LEXIS 1312 (N.Y. Ct. App. 1974).

Opinion

Memorandum. Upon the evidence presented, section 1196 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.

[8]*8Concur — 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.

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Related

People v. Owens
124 Misc. 2d 640 (Criminal Court of the City of New York, 1984)
People v. Farmer
330 N.E.2d 22 (New York Court of Appeals, 1975)
People v. Smith
81 Misc. 2d 61 (New York County Courts, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
78 Misc. 2d 7, 358 N.Y.S.2d 263, 1974 N.Y. Misc. LEXIS 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fielder-nyappterm-1974.