165 Misc. 503 | New York County Courts | 1937
Defendant has been convicted in a Court of Special Sessions in the town of Bainbridge, N. Y., of a violation of section 58 of the Vehicle and Traffic Law, and appeals from the judgment of conviction to this court.
The appellant attacks the sufficiency of the information on which the warrant was issued and raised the question before the trial court by a motion to discharge the defendant because of the alleged insufficient information. The information, omitting the formal part, charges that the defendant “ did commit the crime of misdemeanor in violation of article 5 section 58 of the V. & T. Law of the State of New York by wrongfully, unlawfully, wilfully and knowingly did operate a Chevrolet car lie 2X9200. N. Y. in a manner which endangered users of the highway, and, their life, limb and
No evidence given on the trial appears in the return made by the justice of the peace. There is no contention here that the defendant was intoxicated or under the influence of intoxicants in the slightest degree at the time of the alleged occurence. Reckless driving is not to be condoned or tolerated. On the other hand, a person charged with the commission of a crime is entitled to have the information set out the specific acts constituting the alleged offense as the same is defined and not leave them to be supplied by conjecture. In People v. Grogan (260 N. Y. 138, at p. 142), where an information charged a violation of said section 58 of the Vehicle and Traffic Law, the court said: “ The information must set out the acts constituting the crime with the same clarity as an indictment; it must state the offense and the act constituting the offense. The information cannot be supplemented or pieced out by affidavits in the Magistrates’ Court. * * * The information not only was obliged to state the crime charged against him, but, like the indictment, was obliged to state the fact or the act constituting the crime.” Again (at p. 143), commenting on the acts or element constituting the crime, we find the following: “ Besides this, section 58, by its third subdivision, prohibiting ‘ reckless driving,’ calls for evidence showing something more than mere negligence;” and again (at p. 144): “ Mere speed in itself in excess of that allowed by the Highway Law is not alone sufficient.” The information was insufficient to charge the defendant with a violation of section 58.
The charge of the justice of the peace to the jury to the effect that the People were entitled to the benefit of a reasonable doubt as was the defendant would be reversible error, but it is unnecessary to comment on same, having reached the decision that the motion of counsel for a discharge of the defendant because of the insufficiency of the information should have been granted.
Judgment of conviction reversed.