New York Court of Appeals, 1973

People v. Rodman

New York Court of Appeals · Decided May 4, 1973

32 N.Y.2d 821; 299 N.E.2d 257; 345 N.Y.S.2d 1013; 1973 N.Y. LEXIS 1281

Cases that cite this one

5 later published cases cite this decision.

People v. Cunningham (Criminal Court of the City of New York 2001)
People v. Gindi (Criminal Court of the City of New York 1995)
People v. Gross (Criminal Court of the City of New York 1990)
People v. MacFarlene Co. (Criminal Court of the City of New York 1985)
People v. Oasis Cabana Spa, Inc. (Criminal Court of the City of New York 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum.

The 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.

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

Order affirmed in memorandum.

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