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32 N.Y.2d 821

People v. Rodman

New York Court of Appeals

Decided May 4, 1973

New York Court of Appeals · decided 1973-05-04

Relies on People v. Love

Decided 1973-05-04

Memorandum.

¶1The order of the Appellate Term .should be affirmed. The verified accusatory instrument, based entirely on nonhearsay, stated precisely the date, time, and place of the act charged, described the act as “ dense smoke from incinerator stack ’ ’, and specified the statutory provision allegedly violated. Thus, the instrument was sufficiently particular to meet the standard required of an information (cf. People v. Love, 306 N. Y. 18, 23-25). Whether the air pollution misdemeanor could have been charged by a “ complaint ” without the exactness of an information need not be determined.

¶2Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Waohtler concur.

¶3Order affirmed in memorandum.

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