People v. Rios
Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgments of conviction unanimously reversed, on the law and as a matter of discretion in the interest of justice, and matter remanded to the court below for a new trial.
Inasmuch as the defendant in the case at bar was charged with at least one traffic infraction subjecting him to the possibility of imprisonment if convicted (see Vehicle and Traffic Law § 1180 [h] [2]), the lower court was required to advise him prior to trial of his right to counsel (see People v Weinstock, 80 Misc 2d 510 [App Term, 9th & 10th Jud Dists 1974]) as well as his right, inter alla, to an adjournment to obtain counsel (CPL 170.10 [3], [4]; People v Rabadi, NYLJ, Oct. 8, 1996, at 29, col 6 [App Term, 9th & 10th Jud Dists]; People v Johnson, NYLJ, July 15, 1996, at 25, col 5 [App Term, 9th & 10th Jud Dists]; People v Ashrat, NYLJ, Feb. 26, 1996, at 35, col 3 [App Term, 2d & 11th Jud Dists]). The uniform traffic tickets issued to defendant in the case at bar did not contain a statement advising defendant of the aforementioned rights (see CPL 170.10 [5]). The People contend that defendant was advised of these rights by
We pass on no other issues.
Rudolph, PJ., Angiolillo and Covello, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.