PEOPLE v. FATTIZZI


98 Misc.2d 288 (1978)

The People of the State of New York, Respondent, v. Frank Fattizzi, Appellant.

Supreme Court, Appellate Term, Second Department.

June 5, 1978


Attorney(s) appearing for the Case

Jack B. Solerwitz and Leonard B. Isaacs for appellant. Denis Dillon, District Attorney (Herbert H. Esrick and Frederick J. Annibale, Jr., of counsel), for respondent.

Concur: GLICKMAN, P. J., GAGLIARDI and SILBERMAN, JJ.


MEMORANDUM.

Judgment of conviction affirmed.

Defendant, charged with the traffic infraction of speeding (Vehicle and Traffic Law, § 1180, subd [d]), made a timely request for a supporting deposition. The deposition was not served and at trial defendant orally moved to dismiss based upon such failure. The motion was denied, the matter proceeded to trial and defendant was convicted of the charge. On this appeal...

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