1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 9 N.Y.2d
  5. 9 N.Y.2d 349 (1961)
 

PEOPLE v. POLLE

9 N.Y.2d 349 (1961)

The People of the State of New York, Respondent, v. Harold E. Polle, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1961.

Attorney(s) appearing for the Case

John J. Leonard for appellant.

John J. Conway, Jr., District Attorney (Kenneth J. Smith of counsel), for respondent.

Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur in Per Curiam opinion; Chief Judge DESMOND and Judge DYE dissent and vote to affirm upon the ground that this was, at worst, an irregularity which could not affect jurisdiction.

Per Curiam.

Defendant was convicted of a violation of subdivision 5 of section 70 of the Vehicle and Traffic Law — a misdemeanor. The information was sworn to before a sergeant of the Sheriff's office who was not a notary public. He had no authority to administer the oath unless authorized by section 74-b (now § 208) of the Vehicle and Traffic Law. That section, however, authorizes him to take oaths only...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases