New York Court of Appeals

The People of the State of New York v. Louis Weinberg

July 10, 197434 N.Y.2d 429

Summary

The New York Court of Appeals reversed the Appellate Term’s order and dismissed the misdemeanor complaint, holding that the defendant did not waive his statutory right to be prosecuted by information. The Court reasoned that a waiver of such a substantial right must be made knowingly and intelligently, which requires the court to advise the defendant of the right, and no such advisement was given.