People v. Fielder

Appellate Terms of the Supreme Court of New York

People v. Fielder

78 Misc. 2d 7, 358 N.Y.S.2d 263, 1974 N.Y. Misc. LEXIS 1312

Appellate Terms of the Supreme Court of New York·Decided April 30, 1974·Published·Cited by 3 cases

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] 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.

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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] 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.

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

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