People v. Pfendler

The defendant appeals on two grounds, either of which would require a reversal.

The first is that the information was insufficient in that it was actually based on information and belief and there were no supporting affidavits. On its face, the information was sufficient (cf. People v. Bertram, 302 N. Y. 526).

The question presented is whether the information was merely a pleading in a criminal action rather than the source of the court’s jurisdiction (see People v. Belcher, 302 N. Y. 529).

Since the Belcher case is predicated upon a lawful arrest, defendant contends that the arrest was made…