PEOPLE v. FERRO


22 Misc.3d 7 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NICOLE M. FERRO, Respondent.

Supreme Court, Appellate Term, Second Department.

November 24, 2008.


Attorney(s) appearing for the Case

Thomas J. Spota, District Attorney, Riverhead (Ronald E. Lipetz of counsel), for appellant.

Legal Aid Society, Riverhead (Robert C. Mitchell and Alfred J. Cicale of counsel), for respondent.

RUDOLPH, P.J., MCCABE and MOLIA, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Orders reversed on the law, defendant's motions to dismiss denied, simplified traffic informations reinstated and matters remanded to the court below for all further proceedings.

In our opinion, the District Court erred in concluding that the instruments filed in that court could not be deemed "accusatory" instruments, i.e., valid simplified traffic informations. The...

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