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People v. Rodman

299 N.E.2d 257, 32 N.Y.2d 821, 345 N.Y.S.2d 1013, 1973 N.Y. LEXIS 1281
CourtNew York Court of Appeals
DecidedMay 4, 1973
StatusPublished
Cited by5 cases

This text of 299 N.E.2d 257 (People v. Rodman) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Rodman, 299 N.E.2d 257, 32 N.Y.2d 821, 345 N.Y.S.2d 1013, 1973 N.Y. LEXIS 1281 (N.Y. 1973).

Opinion

Memorandum.

The order of the Appellate Term .should be affirmed. The verified accusatory instrument, based entirely on nonhearsay, stated precisely the date, time, and place of the act charged, described the act as “ dense smoke from incinerator stack ’ ’, and specified the statutory provision allegedly violated. Thus, the instrument was sufficiently particular to meet the standard required of an information (cf. People v. Love, 306 N. Y. 18, 23-25). Whether the air pollution misdemeanor could have been charged by a “ complaint ” without the exactness of an information need not be determined.

Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Waohtler concur.

Order affirmed in memorandum.

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Bluebook (online)
299 N.E.2d 257, 32 N.Y.2d 821, 345 N.Y.S.2d 1013, 1973 N.Y. LEXIS 1281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodman-ny-1973.