Appellate Terms of the Supreme Court of New York, 1975

People v. Neuschatz

Appellate Terms of the Supreme Court of New York · Decided April 29, 1975

88 Misc. 2d 433; 389 N.Y.S.2d 507; 1975 N.Y. Misc. LEXIS 3376

Counsel

Frederic Block for appellant. Henry F. OBrien, District Attorney (Kevin J. Crowley oí counsel), for respondent.

Opinion of the Court

Memorandum. Judgment of conviction affirmed.

An investigator employed in a District Attorney’s office is a police officer (CPL 1.20, subd 34, par [g]), and this status conferred on him authority to issue a simplified traffic information accusing a person of committing a traffic infraction (CPL 100.10, subd 2, par [a]). Since a police officer may make an arrest on a 24-hour basis for any offense which he has reasonable cause to believe a person has committed in his presence (CPL 140.10, subd 1; Matter of Washington v New York City Housing Auth., 31 AD2d 700, affd 24 NY2d 912), it was irrelevant that the officer at the time was engaged in outside employment as a village constable.

*434Concur: Hogan, P. J., Pittoni and Farley, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.