Legal Opinion

People v. Man

New York County Courts

Decided November 20, 1956PublishedCited by 6 opinions

1Opinion of the CourtFred J. Munder, J.

The defendant was convicted of speeding in violation of a Long Island State Park Commission ordinance and he appeals. Apart from any consideration of the merits of the case I conclude that the judgment of conviction must be reversed.

The conviction rests on a form of complaint upon which no defendant can get an impartial trial: At the bottom of the form and distinct from the body of the complaint itself appear these words: “Attitude of defendant — courteous, discourteous ” and the instructions “ Circle words needed ”.

It happens here that the word ‘ ‘ discourteous ’ ’ was stricken, indicating…

2Cases cited2 opinions

  1. People v. MleczkoNew York Court of Appeals · 1948
  2. People v. HetenyiNew York Court of Appeals · 1952

3Cited by6 opinions

  1. Johnson v. MetzCourt of Appeals for the Second Circuit · 1979
  2. Johnson v. ScullyDistrict Court, E.D. New York · 1983
  3. People v. Sperbeck, New York County Courts1957
  4. People v. Hicken, New York County Courts1959
  5. Johnson v. MetzCourt of Appeals for the Second Circuit · 1979

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