Appellate Terms of the Supreme Court of New York, 1982

People v. Guido

Appellate Terms of the Supreme Court of New York · Decided February 8, 1982

114 Misc. 2d 470; 454 N.Y.S.2d 171; 1982 N.Y. Misc. LEXIS 3498

Counsel

APPEARANCES OF COUNSEL, Granik, Silverman, Sandberg, Kirschner, Campbell & Nowicki (.David W. Silverman and Carolyn A. M. Campe of counsel), for appellant. Kenneth Gribetz, District Attorney (John S. Edwards of counsel), for respondent.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed, on the law, accusatory instrument dismissed and fine remitted.

We are in agreement with the position adopted by the court in the case of People v Bromley (85 Misc 2d 988, 990) to the effect that section 210.45 of the Penal Law is only applicable to situations where a specific authorization exists for the use of an affirmation in place of a notarized form (see, also, 3 CJI, p 1538). In the case at bar, we find no specific statute authorizing the use of the form notice. Accordingly, the judgment of conviction should be reversed. We are mindful of the case of People v Joseph (173 Misc 410) construing the predecessor statute to section 210.45 of the Penal Law. To the extent that said case *471indicates views contrary to the one adopted herein, we decline to follow it.

Farley, P. J., Geiler and DiPaola, JJ., concur.

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