People v. Still

Appellate Division of the Supreme Court of New York

People v. Still

5 A.D.2d 780, 169 N.Y.S.2d 967, 1958 N.Y. App. Div. LEXIS 7300

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 13, 1958

StatusPublished

Cited by2 cases

This text of 5 A.D.2d 780 (People v. Still) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State 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. Still, 5 A.D.2d 780, 169 N.Y.S.2d 967, 1958 N.Y. App. Div. LEXIS 7300 (N.Y. Ct. App. 1958).

Pincite

Opinion

Appeal from an order of the Court of Special Sessions of the City of New York, Borough of Brooklyn, granting respondent’s motion to dismiss an information charging her with a violation of section 145 of the Social Welfare Law (obtaining public assistance by fraud). The information was dismissed on the grounds of (1) the lack of timely prosecution and (2) the Statute of Limitations. Order reversed on the law and the facts, motion denied, and information reinstated. The record does not indicate that the information should have been dismissed for the alleged lack of diligence in apprehending respondent after a complaint had been filed in the Magistrate’s Court, a summons issued and a warrant issued thereafter, nor for delay in prosecution after [781]*781the information had been filed in the Court of Special Sessions. A prosecution is commenced, within the meaning of the two-year Statute of Limitations applicable to a misdemeanor, when an information is laid before a magistrate by a complainant charging the commission of a crime, and a warrant of arrest is issued by him (Code Crim. Pro., §§ 142, 144, 148, 150, 676). The prosecution was timely commenced, and it was error to dismiss the information on the ground of the Statute of Limitations.

Nolan, P. J., Wenzel, Beldoek, Murphy and Hallinan, JJ., concur.

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Appeal from an order of the Court of Special Sessions of the City of New York, Borough of Brooklyn, granting respondent’s motion to dismiss an information charging her with a violation of section 145 of the Social Welfare Law (obtaining public assistance by fraud). The information was dismissed on the grounds of (1) the lack of timely prosecution and (2) the Statute of Limitations. Order reversed on the law and the facts, motion denied, and information reinstated. The record does not indicate that the information should have been dismissed for the alleged lack of diligence in apprehending respondent after a complaint had been filed in the Magistrate’s Court, a summons issued and a warrant issued thereafter, nor for delay in prosecution after [781]*781the information had been filed in the Court of Special Sessions. A prosecution is commenced, within the meaning of the two-year Statute of Limitations applicable to a misdemeanor, when an information is laid before a magistrate by a complainant charging the commission of a crime, and a warrant of arrest is issued by him (Code Crim. Pro., §§ 142, 144, 148, 150, 676). The prosecution was timely commenced, and it was error to dismiss the information on the ground of the Statute of Limitations.

Nolan, P. J., Wenzel, Beldoek, Murphy and Hallinan, JJ., concur.

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Bluebook (online)

5 A.D.2d 780, 169 N.Y.S.2d 967, 1958 N.Y. App. Div. LEXIS 7300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-still-nyappdiv-1958.

Opinion

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