People v. Rosenfeld

Appellate Terms of the Supreme Court of New York

People v. Rosenfeld

163 Misc. 2d 982, 626 N.Y.S.2d 352, 1994 N.Y. Misc. LEXIS 670

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 20, 1994

StatusPublished

Cited by4 cases

This text of 163 Misc. 2d 982 (People v. Rosenfeld) 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. Rosenfeld, 163 Misc. 2d 982, 626 N.Y.S.2d 352, 1994 N.Y. Misc. LEXIS 670 (N.Y. Ct. App. 1994).

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Opinion

[983]*983OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed as a matter of discretion in the interest of justice, simplified information dismissed and fine remitted.

Defendant was issued a simplified traffic information which charged him with speeding in violation of section 1180 (b) of the Vehicle and Traffic Law. Defendant entered a plea of not guilty and the matter was set down for trial on October 21, 1993. On that date the information was dismissed for failure to timely serve and file a supporting deposition. Defendant was immediately issued a new simplified information and a supporting deposition based on the same allegations. Following a trial thereon defendant was found guilty. Since the record in the case at bar fails to disclose any special circumstances, it is this court’s opinion that the court abused its discretion when it permitted defendant to be tried based upon the new simplified information and supporting deposition (see, People v Aucello, 146 Misc 2d 417). Such actions, in this court’s opinion, defeat the very purpose of the CPL, disregard the interests of judicial economy and, often times, render the defense of traffic matters impracticable. In view of the foregoing, the judgment of conviction should be reversed as a matter of discretion in the interest of justice (see, CPL 470.15 [3] [c]; efi, People v Nuccio, 78 NY2d 102).

Stark, J. P., Collins and Luciano, JJ., concur.

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[983]*983OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed as a matter of discretion in the interest of justice, simplified information dismissed and fine remitted.

Defendant was issued a simplified traffic information which charged him with speeding in violation of section 1180 (b) of the Vehicle and Traffic Law. Defendant entered a plea of not guilty and the matter was set down for trial on October 21, 1993. On that date the information was dismissed for failure to timely serve and file a supporting deposition. Defendant was immediately issued a new simplified information and a supporting deposition based on the same allegations. Following a trial thereon defendant was found guilty. Since the record in the case at bar fails to disclose any special circumstances, it is this court’s opinion that the court abused its discretion when it permitted defendant to be tried based upon the new simplified information and supporting deposition (see, People v Aucello, 146 Misc 2d 417). Such actions, in this court’s opinion, defeat the very purpose of the CPL, disregard the interests of judicial economy and, often times, render the defense of traffic matters impracticable. In view of the foregoing, the judgment of conviction should be reversed as a matter of discretion in the interest of justice (see, CPL 470.15 [3] [c]; efi, People v Nuccio, 78 NY2d 102).

Stark, J. P., Collins and Luciano, JJ., concur.

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Bluebook (online)

163 Misc. 2d 982, 626 N.Y.S.2d 352, 1994 N.Y. Misc. LEXIS 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rosenfeld-nyappterm-1994.

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