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People v Norman (Patricia)
2003 NY Slip Op 51537(U)
Decided on October 28, 2003
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on October 28, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., WINICK and SKELOS, JJ.
NO. 2002-495 N CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

PATRICIA A. NORMAN, Appellant.


Appeal by defendant from judgments of the Justice Court of the Village of Maiverne, Nassau County (L. Stephan, J.), rendered February 15, 2002, convicting her of three counts of violating section 29A-2 (A) of the Code of the Village of Malverne and imposing sentences thereon.


Judgments of conviction unanimously affirmed.

Inasmuch as defendant failed to move to dismiss the informations for lack of a speedy trial, said claim was waived (People v Lawrence, 64 NY2d 200). Moreover, we note that the citation of the wrong section in an information may be disregarded as mere surplusage where, as here, the information advised defendant of the facts relied upon to constitute the alleged violation (People v Love, 306 NY 18, 23). In addition, since the statements attributable to defendant were not prior incriminating statements, the People were not required to provide advance notice of their intention to introduce them at trial (see CPL 710.30). Finally, the other issues raised by defendant were considered and found to be without merit.
Decision Date: October 28, 2003