People v. Neuschatz

Appellate Terms of the Supreme Court of New York

People v. Neuschatz

88 Misc. 2d 433, 389 N.Y.S.2d 507, 1975 N.Y. Misc. LEXIS 3376

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 29, 1975

StatusPublished

Cited by5 cases

This text of 88 Misc. 2d 433 (People v. Neuschatz) 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. Neuschatz, 88 Misc. 2d 433, 389 N.Y.S.2d 507, 1975 N.Y. Misc. LEXIS 3376 (N.Y. Ct. App. 1975).

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Opinion

Memorandum. Judgment of conviction affirmed.

An investigator employed in a District Attorney’s office is a police officer (CPL 1.20, subd 34, par [g]), and this status conferred on him authority to issue a simplified traffic information accusing a person of committing a traffic infraction (CPL 100.10, subd 2, par [a]). Since a police officer may make an arrest on a 24-hour basis for any offense which he has reasonable cause to believe a person has committed in his presence (CPL 140.10, subd 1; Matter of Washington v New York City Housing Auth., 31 AD2d 700, affd 24 NY2d 912), it was irrelevant that the officer at the time was engaged in outside employment as a village constable.

[434]*434Concur: Hogan, P. J., Pittoni and Farley, JJ.

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Memorandum. Judgment of conviction affirmed.

An investigator employed in a District Attorney’s office is a police officer (CPL 1.20, subd 34, par [g]), and this status conferred on him authority to issue a simplified traffic information accusing a person of committing a traffic infraction (CPL 100.10, subd 2, par [a]). Since a police officer may make an arrest on a 24-hour basis for any offense which he has reasonable cause to believe a person has committed in his presence (CPL 140.10, subd 1; Matter of Washington v New York City Housing Auth., 31 AD2d 700, affd 24 NY2d 912), it was irrelevant that the officer at the time was engaged in outside employment as a village constable.

[434]*434Concur: Hogan, P. J., Pittoni and Farley, JJ.

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Bluebook (online)

88 Misc. 2d 433, 389 N.Y.S.2d 507, 1975 N.Y. Misc. LEXIS 3376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-neuschatz-nyappterm-1975.

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