PEOPLE v. WEINBERG


34 N.Y.2d 429 (1974)

The People of the State of New York, Respondent, v. Louis Weinberg, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1974.


Attorney(s) appearing for the Case

Donald H. Zuckerman and William E. Hellerstein for appellant.

Richard H. Kuh, District Attorney (Robert Goldschlag, Michael R. Juviler and Lewis R. Friedman of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.


JASEN, J.

The defendant was tried and convicted of shoplifting on the basis of a "hearsay" misdemeanor complaint filed by a police detective. He was not advised at any time by the court of his right to be prosecuted by information. The issue is whether by pleading and proceeding to trial on the misdemeanor complaint defendant waived his statutory right to a trial by information.

At about 4:00 P.M. on...

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