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PEOPLE STATE NEW YORK v. RICHARD D. SAMSEL (02/21/69)

CITY COURT OF NEW YORK, BATAVIA 1969.NY.40589 <http://www.versuslaw.com>; 300 N.Y.S.2d 777; 59 Misc. 2d 833 February 21, 1969 THE PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF,v.RICHARD D. SAMSEL, DEFENDANT Noonan, Hughes & Mahoney (Donald T. Mahoney of counsel), for defendant. Lawrence T. Casey for plaintiff. Charles F. Graney, J. Author: Graney


Charles F. Graney, J.

Author: Graney

 On October 31, 1968, Officer J. J. Gravante, a Patrolman on the Batavia City police force, issued a summons to the defendant herein, charging him with a violation of section 600 of the Vehicle and Traffic Law occurring at 7:10 p.m. in the City of Batavia. The charge is specified as "Leaving the Scene of an Accident". The violation charged is a misdemeanor. On November 7, 1968, the defendant pleaded not guilty to the charge and requested a bill of particulars. On November 12, 1968, a bill of particulars, sworn to by Officer Gravante, was submitted and is set out below.

State of New York

Court of Special Sessions

City of Batavia

County of Genesee

SS.

J. J. Gravante, Patrolman, being duly sworn, deposes and says: that Richard D. Samsel, at about 7:10 o'clock in the p.m. of the 31st day of October 1968, did commit a (traffic infraction -- misdemeanor -- crime) in violation of Article 22, Section 600, Subdivision . . . . of the Vehicle and Traffic Law of the State of New York, in that (he) did ride, drive, propel and operate a motor vehicle, to wit: a 1965 Ford Convertible, bearing Registration No. 4254-GS, State of New York, upon Buell Street, a public highway in the City of Batavia, County of Genesee, State of New York, as follows: Defendant, driving north on Buell street, stopping said vehicle in front of 19 Buell street where an argument ensued between defendant and Mrs. Mary Fasano & Gerald Fasano. Mrs. Fasano having her hand caught on the door handle, was dragged from 19 Buell to in front of number 23 Buell Street. Defendant fled from the scene and later arrested at his home.

J. J. Gravante

(Informant)

Sworn to before me this

12th day of November, 1968.

A. P. Hofmaster, Lieutenant, Batavia City Police Dept., N. Y.

On January 27, 1969, the defendant moved to dismiss the charge on the ground that the complaint and bill of particulars failed to allege or charge any crime or offense. The defendant points out that there is no allegation that he knew any person was injured or ...


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