Public-domain · open source
OpenJurist
← 3 NY2D 148 - People v. Scott

People v. Scott’s Empirical Analysis

1957

Citation profile

9
cited by 9 later decisions
2
states following
July 1986
most recently cited

5 state decisions

Relationships

Relies on Albrecht v. United States · People v. Grogan · People ex rel. Livingston v. Wyatt · People Ex Rel. Battista v. Christian · People v. Zambounis

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"Provision for the new form of uniform traffic ticket did not change the previously existing law that the summons was not the process which instituted a criminal proceeding; indeed, in section 74-b of the Vehicle and Traffic Law, the necessity for a verified complaint in a criminal proceeding in addition to the summons was recognized, and the aforesaid regulations (Uniform Traffic Ticket Regulations; N.Y.Off.Comp. of Codes, Rules & Regulations, 10th Off.Supp., 1955, p. 734) provide that `no uniform complaint is prescribed at this time.' No complaint or information was here placed before the court. "In this case, where defendant is charged with the commission of a misdemeanor and not a minor offense ( People v. Grogan, 260 N.Y. 138, 141 , 183 N.E. 273, 274 , 86 A.L.R. 1266 ), it is not disputed that a written information is required, and the law in this respect appears to be well settled. [Citations omitted.] "An additional objection to the use of the traffic ticket as an information is that it is not verified. It has been frequently held not only that an information is necessary but, that where it is used as the basis for obtaining a warrant of arrest, it must be verified. [Citations omitted.] In our opinion, the same reasons of policy which we stated in People ex rel. Livingston v. Wyatt, 186 N.Y. 383 , 79 N.E. 330 , 10 L.R.A., N.S., 159, supra, require verification of an information when used as a basis for obtaining a warrant of arrest, require verification of an informati”
    1 later decision quote this exact passage
  2. “[f]rom the form of the ticket or summons prescribed by the Bureau of Motor Vehicles, pursuant to the authority granted in section 74 of the Vehicle and Traffic Law, it is clear that it is not intended to fulfill the function of an information.”
    1 later decision quote this exact passage
  3. “The rule in the Federal courts is not to the contrary, for there the informations are filed by the United States Attorneys under their oaths of office, and are thus not required to be verified. [Citations omitted.]”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.