People v. Neuschatz — 88 Misc. 2d 433

Majority

p. 433

The People of the State of New York, Respondent, v Genia Neuschatz, Appellant.

Supreme Court, Appellate Term, Second Department,

April 29, 1975

Frederic Block for appellant. Henry F. OBrien, District Attorney (Kevin J. Crowley oí counsel), for respondent.

Memorandum. Judgment of conviction affirmed.

An investigator employed in a District Attorney’s office is a police officer (CPL 1.20, subd 34, par [g]), and this status conferred on him authority to issue a simplified traffic information accusing a person of committing a traffic infraction (CPL 100.10, subd 2, par [a]). Since a police officer may make an arrest on a 24-hour basis for any offense which he has reasonable cause to believe a person has committed in his presence (CPL 140.10, subd 1; Matter of Washington v New York City Housing Auth., 31 AD2d 700 , affd 24 NY2d 912 ), it was irrelevant that the officer at the time was engaged in outside employment as a village constable.

p. 434

Concur: Hogan, P. J., Pittoni and Farley, JJ.

Cases cited

Claim of Washington v. New York City Housing Authority 31 AD2d 700 N.Y. App. Div. 1968-12-26 p. 433
Claim of Washington v. New York City Housing Authority 24 NY2d 912 N.Y. 1969-04-24 p. 433