People v. Gingello
Rochester City Court
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
- MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
- People v. CruzNew York Court of Appeals · 1979
- People v. FreelandNew York Court of Appeals · 1986
- People v. HohmeyerNew York Court of Appeals · 1987
- People v. BaronAppellate Terms of the Supreme Court of New York · 1980
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3Cited by1 opinion
- People v. BlairNew York Court of Appeals · 2002