People v. Consolidated Edison Co.

Defendant, appearing “ specially ”, moves to vacate the service of the summons upon it because of supposed irregularities in its contents and mode of service.

Except for the possible sanction of a $25 fine (Code Grim. Pro., § 150), a Criminal summons may be disregarded by an individual defendant for, unlike a civil summons, its service does not confer jurisdiction over his person (People v. Levins, 152 Misc. 650; People v. Marchetti, 154 Misc. 147; People v. Le Bous, 29 Misc 2d 850). That is accomplished by obtaining the defendant’s physical presence before the Bench, whether he be brought…