PEOPLE v. CONSERVA


42 Misc.2d 782 (1964)

The People of the State of New York, Respondent, v. George Conserva, Appellant.

County Court, Suffolk County.

March 31, 1964


Attorney(s) appearing for the Case

Davidow & Davidow for appellant. Bernard C. Smith, District Attorney, for respondent.


GEORGE F. X. McINERNEY, J.

Conviction is reversed, the fine is remitted and the information is dismissed.

This appeal comes to us on the sole question as to the validity of the information.

The court cannot consider the deposition as mere surplusage in view of the language of section 148 of the Code of Criminal Procedure which states that:

"When an information is laid before a magistrate...

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