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People v. Fielder

78 Misc. 2d 7 Court Supreme Court, Appellate Term, Second Department, Decision date 1974-04-30 English

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p. 7
The People of the State of New York, Appellant, v. Milford Fielder, Respondent.
Supreme Court, Appellate Term, Second Department,
April 30, 1974.
Francis W. Bhinow, Acting District Attorney (Being Bosenzweig of counsel), for appellant. Cordes, Purcell, Fritz & Ingrao (Joseph A, Ingrao of counsel), for respondent.

Memorandum. Upon the evidence presented, section 1196 of the Vehicle and Traffic Law authorized charging the jury herein that defendant could be found guilty of violating section 1192, subdivision 2, even though the information accused him only of violating subdivision 3 thereof. In our opinion, such a literal interpretation of section 1196 does not result in a denial of defendant’s constitutional right to be apprised of the charge against him.

p. 8
Concur — Hogan, P. J., Farley and Gagliardi, JJ.

Order dismissing information unanimously reversed on the law, jury verdict reinstated, and matter remanded for sentencing of the defendant.