Legal Opinion

People v. Gingello

Rochester City Court

Decided June 7, 1999PublishedCited by 1 opinion

1Opinion of the Court

*164OPINION OF THE COURT

Marjorie L. Byrnes, J.

On January 17, 1999, the above-named defendant was charged by simplified information with one count of common-law driving while intoxicated, in violation of Vehicle and Traffic Law § 1192 (3). Accompanying the simplified information and filed with the court was a supporting deposition signed by Rochester Police Officer James Reed.

Although not raised by defendant, this court is constrained to address a nonwaivable jurisdictional defect regarding the charge. Specifically, to meet the statutory requirements for an accusatory instrument upon which a…

2Cases cited20 opinions

  1. MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
  2. People v. CruzNew York Court of Appeals · 1979
  3. People v. FreelandNew York Court of Appeals · 1986
  4. People v. HohmeyerNew York Court of Appeals · 1987
  5. People v. BaronAppellate Terms of the Supreme Court of New York · 1980

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3Cited by1 opinion

  1. People v. BlairNew York Court of Appeals · 2002

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