People v. Turner

New York County Courts

People v. Turner

32 Misc. 2d 594, 227 N.Y.S.2d 725, 1961 N.Y. Misc. LEXIS 1886

CourtNew York County Courts

DecidedDecember 19, 1961

StatusPublished

Cited by4 cases

This text of 32 Misc. 2d 594 (People v. Turner) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Turner, 32 Misc. 2d 594, 227 N.Y.S.2d 725, 1961 N.Y. Misc. LEXIS 1886 (N.Y. Super. Ct. 1961).

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Opinion

J. Kenneth Servé, J.

The defendant has appealed from a judgment of conviction of the Court of Special Sessions of the Town of Carlton (Glen E. He Mat, J.). He plead guilty to an information, which charged him with the offense of disorderly conduct.

In his affidavit of errors, the defendant claims the information is insufficient.

An information must state the crime charged and the particular facts constituting that crime. (People v. McGuire, 5 N Y 2d 523; People v. Zambounis, 251 N. Y. 94.) “ [A]n information, which merely states conclusions and not statements of fact is a mere allegation of the Statute and insufficient to apprise the defendant of the crime charged.” (People v. Kasloff, 54 N. Y. S. 2d 455, 456.)

An examination of the information in this case discloses that mere conclusions were pleaded without setting forth the particular language which was characterized as being ‘ ‘ offensive, disorderly, abusive and insulting.” The information alleged that the offense occurred in a “public place” but failed to describe such place. Without a description of the ‘ ‘ public place ”, such allegation was a mere conclusion of the informant as to the character of the place involved.

The information in this case is insufficient as a matter of law and the judgment of conviction is reversed, sentence is vacated and the information is dismissed.

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J. Kenneth Servé, J.

The defendant has appealed from a judgment of conviction of the Court of Special Sessions of the Town of Carlton (Glen E. He Mat, J.). He plead guilty to an information, which charged him with the offense of disorderly conduct.

In his affidavit of errors, the defendant claims the information is insufficient.

An information must state the crime charged and the particular facts constituting that crime. (People v. McGuire, 5 N Y 2d 523; People v. Zambounis, 251 N. Y. 94.) “ [A]n information, which merely states conclusions and not statements of fact is a mere allegation of the Statute and insufficient to apprise the defendant of the crime charged.” (People v. Kasloff, 54 N. Y. S. 2d 455, 456.)

An examination of the information in this case discloses that mere conclusions were pleaded without setting forth the particular language which was characterized as being ‘ ‘ offensive, disorderly, abusive and insulting.” The information alleged that the offense occurred in a “public place” but failed to describe such place. Without a description of the ‘ ‘ public place ”, such allegation was a mere conclusion of the informant as to the character of the place involved.

The information in this case is insufficient as a matter of law and the judgment of conviction is reversed, sentence is vacated and the information is dismissed.

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Bluebook (online)

32 Misc. 2d 594, 227 N.Y.S.2d 725, 1961 N.Y. Misc. LEXIS 1886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-turner-nycountyct-1961.

Opinion

J. Kenneth Servé, J.

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