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PEOPLE v. BOBACK

23 N.Y.2d 189 (1968)

The People of the State of New York, Appellant, v. Joseph C. Boback, Jr., Respondent. The People of the State of New York, Appellant, v. Rudolph W. Markwart, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1968.

Attorney(s) appearing for the Case

Albert W. Schneider, District Attorney (Henry D. Blumberg of counsel), for appellant in both actions.

No appearance for respondent in the first above-entitled action.

Carl G. Scalise for respondent in the second above-entitled action.

Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur; Chief Judge FULD concurs in result only.

KEATING, J.

Is the use of the Simplified Traffic Information (Code Crim. Pro., § 147-a et seq.) authorized where the information is based solely upon information and belief, and, if so, is its employment constitutional? These are the questions raised by two cases from the Herkimer County Court.

Boback was convicted of the offense of "Following Too Closely" (Vehicle and Traffic Law, §...

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