People v. Shapiro
New York Court of Appeals
1Opinion of the Court
*882OPINION OF THE COURT
Memorandum.
The order of the Appellate Term should be affirmed.
In view of the fact that the village constabulary was not lawfully constituted (County of Nassau v Incorporated Vil. of Woodsburgh, 58 NY2d 996), the constable in this case had no authority to issue a uniform traffic information (CPL 100.10, subd 2, par [a]). Although an ordinary information may be filed by any person (CPL 100.10, subd 1), the instrument may not serve that function in this case because it did not contain, as the statute requires, “a statement of the complainant alleging facts of an evidentiary…
2Cases cited1 opinion
- County of Nassau v. Incorporated Village of WoodsburghNew York Court of Appeals · 1983
3Cited by5 opinions
- People v. MilesNew York Court of Appeals · 1984
- People v. RossiJustice Court of Village of Muttontown · 1992
- People v. WolfAppellate Terms of the Supreme Court of New York · 1995
- People v. CantyJustice Court of Town of Lockport · 2016
- People v. D'Andraia (Vincent)Appellate Terms of the Supreme Court of New York · 2020