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PEOPLE v. FERNANDEZ

No. 179.

20 N.Y.3d 44 (2012)

980 N.E.2d 491

956 N.Y.S.2d 443

2012 NY Slip Op 7145

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANDY FERNANDEZ, Appellant.

Court of Appeals of New York.

Decided October 25, 2012.

Attorney(s) appearing for the Case

Steven Banks, Legal Aid Society, New York City ( Svetlana M. Kornfeind of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Terry-Ann Corniffe and Leonard Joblove of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ and JONES concur with Chief Judge LIPPMAN; Judge PIGOTT dissents and votes to reverse in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The issue presented by this appeal is whether the accusatory instrument was a facially sufficient simplified traffic information, although it was titled "Complaint/Information," and contained factual information. For the reasons set forth below, we hold that the accusatory instrument was sufficient to serve as a simplified traffic information because it was substantially in the form prescribed by the Commissioner...

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