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.