People v. Rodman

Appellate Terms of the Supreme Court of New York

People v. Rodman

71 Misc. 2d 352, 336 N.Y.S.2d 100, 1972 N.Y. Misc. LEXIS 1555

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 18, 1972

StatusPublished

Cited by2 cases

This text of 71 Misc. 2d 352 (People v. Rodman) 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. Rodman, 71 Misc. 2d 352, 336 N.Y.S.2d 100, 1972 N.Y. Misc. LEXIS 1555 (N.Y. Ct. App. 1972).

Pincite

Opinion

Per Curiam.

The simplified 44 universal summons and complaint ” herein served contains all the information necessary to inform the defendant of the precise charge made against him and to permit him to prepare a defense thereto. Any particulars desired by defendant beyond those already contained in the complaint (namely, the date, place, time and description of the offense, together with a citation of the section and subdivision of the Air Pollution Control Code allegedly violated) may be obtained by demand for a bill of particulars pursuant to sections 295-g and 295-h of the Code of Criminal Procedure (Part TV", tit. V, ch. III-A). Under the circumstances, the lower court erred in dismissing the complaint as insufficient in law.

While defendant has herein sought to argue the constitutional invalidity of the underlying statute he is charged with violating, the court does not reach such question on this appeal, reserving the same for the trial of the action.

The order should be reversed on the law and the facts, defendant’s motion for dismissal of the complaint denied, and matter remanded.

Concur — Street, J. P., Gold and Quinn, JJ.

Order reversed, etc.

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Per Curiam.

The simplified 44 universal summons and complaint ” herein served contains all the information necessary to inform the defendant of the precise charge made against him and to permit him to prepare a defense thereto. Any particulars desired by defendant beyond those already contained in the complaint (namely, the date, place, time and description of the offense, together with a citation of the section and subdivision of the Air Pollution Control Code allegedly violated) may be obtained by demand for a bill of particulars pursuant to sections 295-g and 295-h of the Code of Criminal Procedure (Part TV", tit. V, ch. III-A). Under the circumstances, the lower court erred in dismissing the complaint as insufficient in law.

While defendant has herein sought to argue the constitutional invalidity of the underlying statute he is charged with violating, the court does not reach such question on this appeal, reserving the same for the trial of the action.

The order should be reversed on the law and the facts, defendant’s motion for dismissal of the complaint denied, and matter remanded.

Concur — Street, J. P., Gold and Quinn, JJ.

Order reversed, etc.

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Bluebook (online)

71 Misc. 2d 352, 336 N.Y.S.2d 100, 1972 N.Y. Misc. LEXIS 1555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodman-nyappterm-1972.

Opinion

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