People v. Truex

George B. Murtaugh, J. P.

The defendant is presently before this court charged with a violation of subdivision 5 of section 70 of the Vehicle and Traffic Law. The defendant has moved, after arraignment, for an examination of the People’s witnesses under sections 8 and 194 of the Code of Criminal Procedure.

“ This motion has its rationale in a patent misconception on the part of defendant’s counsel concerning the preliminary procedural rights of a defendant charged with a misdemeanor ” (People v. Dunn, 5 Misc 2d 1063). Preliminary examinations are covered by sections 188 through 221-b of the…