Legal Opinion

People v. Hoffman

Nassau County District Court

Decided May 10, 1967PublishedCited by 8 opinions

1Opinion of the CourtJohn S. Lockman, J.

On the basis of People v. Belcher (302 N. Y. 529) and People v. James (4 N Y 2d 482), the defense moves to dismiss a driving while intoxicated (Vehicle and Traffic Law, § 1192) information, on its face not upon information and belief, because the complainant’s testimony established that he arrived after a collision rendering the defendant’s vehicle inoperable and therefore had no personal knowledge that the defendant operated the vehicle.

Prior to the trial the People withdrew their notice of intention to introduce statements and admissions of the defendant (Code Crim. Pro., § 813-f), and…

2Cases cited3 opinions

  1. People v. BelcherNew York Court of Appeals · 1951
  2. Witherstine v. Employers' Liability Assurance Corp.New York Court of Appeals · 1923
  3. People v. Domagala, New York County Courts1924

3Cited by8 opinions

  1. State v. SmelterCourt of Appeals of Washington · 1984
  2. State v. ScanlonSupreme Court of New Hampshire · 1970
  3. State v. StieneNew Jersey Superior Court Appellate Division · 1985
  4. State v. ProciukNew Jersey Superior Court Appellate Division · 1976
  5. State v. ModoryCourt of Appeals of Wisconsin · 1996

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