PEOPLE v. GOLDBERG


8 A.D.2d 660 (1959)

The People of the State of New York, Appellant, v. Harry Goldberg, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 23, 1959


The information whereby relator was charged was stated to be "upon information and belief, the source of said information and belief being the attached deposition sworn to on the 28th day of April, 1958." The paper so attached contains the requisite factual detail but although signed and witnessed does not bear a jurat or otherwise indicate on its face that the witness was examined "on oath" (Code Crim. Pro., § 148). The County Court held that such omission rendered...

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