205 Misc. 454 | N.Y. Sup. Ct. | 1954
The 1953 amendment of section 335-a of the Code of Criminal Procedure, in my opinion, was to express a clear legislative intention, to establish a uniform warning to be given in all cases, involving a charge of violating the Vehicle
That section requires a warning substantially in the form prescribed thereby. In this case the warning was concededly given in the precise words of the statute. It was therefore a complete, rather than a mere substantial, compliance.
This court is of the opinion that the warning, or instruction, or information, required to be given by section 335-a of the Code of Criminal Procedure, given in the precise words of that section, authorized the action of respondent.
I am not unmindful of the fact that this determination is contrary to the determination made in Matter of Eckerson v. Macduff (204 Misc. 698). With great respect for that determination, I nevertheless cannot find myself in agreement therewith.
Motion to dismiss petition granted.
Submit order.