129 N.Y.S. 1012 | New York County Courts | 1911
This is an appeal from a judgment of conviction, rendered against the defendant at a court of special sessions held in the town of North Hempstead, Nassau county, for an alleged violation of the Motor Vehicle Law. The defendant has raised a number of objections to the validity of the judgment, but it will only be necessary to consider two ques
1. The information in this case has the same jurisdictional defect as that pointed out by me in the opinion filed during the present term in the case of People, etc. v. Payne' & Webb, (post, 12)
In considering the sufficiency of the information in this case, I have also examined the affidavit or deposition taken upon the information by the justice and find that it does not supply or cure the omissions and defects in the information. If an affidavit or deposition is full enough to perform the function both of an information and a deposition, i. e., if it contain an allegation that some designated, specific crime has been committed, it would be sufficient to give the court jurisdiction. People ex rel. Livingston v. Wyatt, 186 N. Y. 383, 390, 395.
2. The defendant’s plea of guilty cannot affect the disposition of this case. His plea was limited to the offense as charged in the information, i. e., that he exceeded a speed rate of thirty miles an hour. This admission was no stronger than the charge and, in itself, constituted no admission of a violation by him of the statute; because it was not coupled with an ad
A plea of guilty to an indictment is no bar to a motion in arrest of judgment based upon the ground that the facts stated in the indictment do not constitute a crime. Code Grim. Pro. §§ 331, 467; People ex rel. Schneider v. Hayes, 108 App. Div. 6, 8. Indeed, the court may, on its own view of any such defect, arrest the judgment without a motion. Code Grim. Pro., § 348.
A plea of guilty to an information can stand on no higher ground than a plea of guilty to an indictment. There can
It follows, therefore, that the judgment of conviction appealed from should be reversed and the fine of the defendant remitted.
Post. XXV N. Y. Crim. 511.