People v. Weinberg

The defendant was tried and convicted of shoplifting on the basis of a “ hearsay ’ ’ misdemeanor complaint filed by a police detective. He was not advised at any time by the court of his right to be prosecuted by information. The issue is whether by pleading and proceeding to trial on the misdemeanor complaint defendant waived his statutory right to a trial by information.

At about 4:00 p.m. on March 4, 1972, defendant, a 44-year-old freelance writer, was observed by a store detective leaving Cimbel’s Department Store, Manhattan, with two shirts valued at $13.99 without having paid for them.…