People v. Becker

The appellant was convicted of a violation of subdivision 5-a of section 70 of the Vehicle and Traffic Law upon his plea of guilty. He was sentenced, “ fined $50.00 and fifty days — not being able to pay the fine he was committed to the Erie County Penitentiary.” From this conviction and judgment thereon this appellant appeals.

*893The affidavit on appeal sets forth among other things that the Justice of the Peace failed to inform the defendant in accordance with section 335-a of the Code of Criminal Procedure.

The return of the Justice sets forth among other things that “ information was read to…