202 Misc. 147 | New York County Courts | 1952
This is an appeal by the defendant from a judgment rendered by the Court of Special Sessions of the Town of Cortlandt, N. Y., whereby the defendant, on Ms plea of guilty, was convicted of violating paragraph a of subdivision 4 of section 20 of the Vehicle and Traffic Law.
It is the contention of the defendant on this appeal that the judgment of conviction should be reversed upon the grounds: (1) that a written information was not made herein and the making of the same was not waived by the defendant’s plea of guilty; and (2) that the facts of the charge against him, as to which he was orally informed by the Justice of the Peace, were insufficient to constitute a violation of the afore-mentioned section of the Vehicle and Traffic Law wMch, under section 70 of said law, is declared to be a misdemeanor.
It is to be noted that after being advised of Ms rights, the defendant pleaded guilty to the oral charge made against him. The question presented on the first above contention is indeed a very interesting one. Diligent research has revealed that no direct holding has been made on this subject by the highest court in this State. However, this court has considered the very recent opinion of our Court of Appeals in the case of People v. Jacoby (304 N. Y. 33). In that case, it appeared that no information had been filed but the defendant appeared voluntarily before the City Court Judge (of Corning, N. Y.) with an affidavit which he had composed, typed and sworn to before a notary public. After a discussion by all the parties and officials concerned, the conclusion was reached that the defendant should be charged with a violation of section 43 of the Penal Law and to which charge the defendant pleaded guilty. The sole question
However, in the event that this court has erred in sustaining the defendant’s first contention on its analysis of the Jacoby case (supra), it would seem desirable to consider the defendant’s second contention. In that regard it appears from the return herein that the Justice of the Peace informed the defendant that he was charged “ with a violation of Section 20, Subdivision 4a of the New York State Vehicle and Traffic Law, in that he permitted the operation of a motor vehicle owned by him by a person not duly licensed to drive.” The aforesaid section of the Vehicle and Traffic Law specifically provides that no person shall “ knowingly authorize or permit the operation or driving
The rule is clear that where, as here, the conviction rests alone on a plea of guilty to a charge which, as above stated, fails to state acts sufficient to constitute a crime, the conviction must be condemned as jurisdictionally defective and a nullity notwithstanding the plea. (People v. Rosenkrantz, 123 Misc. 335; People v. Lindner, 133 Misc. 728; People v. Williams, 135 Misc. 564; People v. Huyck, 171 Misc. 467.) By his plea of guilty, the defendant did not admit the commission of any crime, and there existed no jurisdiction in the court below to impose sentence.
Accordingly, the judgment of conviction is reversed, the charge dismissed and the fine remitted. Settle order on notice.