The fact pattern is not materially different from that in the Boback case. ![]() In the second case, Markwart was charged and convicted of leaving the scene of an accident (Vehicle and Traffic Law, § 600), a misdemeanor, was fined $100, and his license was revoked. The Magistrate was deprived of jurisdiction under People v. The Simplified Traffic Information did not so state, nor was there any affidavit or deposition attached to the information so show the source of his information and the foundation for his belief.īoback appealed his conviction before the Justice of the Peace to the Herkimer County Court which held the Simplified Traffic Information defective, based, as it was, upon information and belief, and, therefore, It was clear that the trooper had obtained his information from someone else. During its course, it developed that the State Trooper who made the Simplified Traffic Information did not witness the accident in which this defendant was involved, but came upon the scene a substantial time later. Through his counsel, he stated that he did not want a bill of particulars. Again, on the date of trial on April 27, 1967, the same advice was given the defendant. Defendant appeared before a Justice of the Peace and, at the arraignment, was advised of his right to a bill of particulars (Code Crim.Proc., § 147-f). Thereafter, he was presented with a Uniform Traffic Ticket. ![]() On February 21, 1967, about 3:15 P.M., defendant was driving on Route 5 in the Town of Schuyler and became involved in an accident. ![]() Is the use of the Simplified Traffic Information (Code Crim.Proc., § 147-a et seq.) authorized where the information is based solely upon information and belief, and, if so, is its employment constitutional? These are the questions raised by two cases from the Herkimer County Court.īoback was convicted of the offense of 'Following Too Closely' (Vehicle and Traffic Law, Consol.Laws, c. Scalise, Herkimer, for respondent in the second above-entitled action. No appearance for respondent in the first above-entitled action.Ĭarl G. Blumberg, Herkimer, of counsel), for appellant in both actions. The PEOPLE of the State of New York, Appellant,
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