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PEOPLE v. SHAPIRO

61 N.Y.2d 880 (1984)

The People of the State of New York, Appellant, v. Lawrence Shapiro, Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Jonathan A. Weinstein, Village Attorney, for appellant.

Ira J. Raab and Robert S. Reiff for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Term should be affirmed.

In view of the fact that the village constabulary was not lawfully constituted (County of Nassau v Incorporated Vil. of Woodsburgh, 58 N.Y.2d 996), the constable in this case had no authority to issue a uniform traffic information (CPL 100.10, subd 2, par [a]). Although an ordinary information may be filed by...

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