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Wrong subdivision in traffic ticket still actionableJune 10, 2017

People v Husain (Shanzeb), 2017 NY Slip Op 27195 (App. Term 2d Dept. 2017)

“It has been held that where an information charges a violation of the wrong section of a statute, this may be disregarded as surplusage if the information fully advises the defendant of the acts relied upon to constitute the alleged violation, and if the acts charged are clearly referable to the offense of which the defendant has been convicted. . . . All that is necessary is that the information shall state the crime charged with such accuracy that the defendant may know the [*2]offense which it is claimed he has committed” (People v Love, 306 NY 18, 23 [1953]). Further, as a general rule, “misnomers” in designating the offense charged are not jurisdictional and may be corrected by amendment”

Every client will tell you that the “traffic ticket has an error” and it must be dismissed.  Tell the client: not necessarily.

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