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People v. Neuschatz

Supreme Court, Appellate Term, Second Department
Apr 29, 1975
88 Misc. 2d 433 (N.Y. App. Term 1975)

Opinion

April 29, 1975

Appeal from the Village Court of the Village of Belle Terre, JOHN M. LEACH, J.

Frederic Block for appellant.

Henry F. O'Brien, District Attorney (Kevin J. Crowley of 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 A.D.2d 700, affd 24 N.Y.2d 912), it was irrelevant that the officer at the time was engaged in outside employment as a village constable.

Concur: HOGAN, P.J., PITTONI and FARLEY, JJ.


Summaries of

People v. Neuschatz

Supreme Court, Appellate Term, Second Department
Apr 29, 1975
88 Misc. 2d 433 (N.Y. App. Term 1975)
Case details for

People v. Neuschatz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GENIA NEUSCHATZ…

Court:Supreme Court, Appellate Term, Second Department

Date published: Apr 29, 1975

Citations

88 Misc. 2d 433 (N.Y. App. Term 1975)
389 N.Y.S.2d 507

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