Filed Date: 6/19/1970
Status: Precedential
Modified Date: 10/19/2024
Defendant was convicted of committing two class A misdemeanors (petty offenses) by a jury of six and sentenced to a conditional discharge.
Finally, we reject categorically the holding in People v. Cianciulli (59 Misc 2d 187). We find that the information charging the defendant with a violation of section 220.45 of the Penal Law, with ‘1 wilfully, wrongfully and unlawfully ’ ’ rather than ‘ ‘ knowingly and unlawfully ’ ’, is not deficient and that it does allege with certainty and precision the intent and culpable mental state of the defendant, i.e., “ knowingly,” as specified in the statute. It is well-established that the information or indictment is to inform the defendant of the charge against him so as to enable him to prepare a defense. (People v. Farson, 244 N. Y. 413; People v. Williams, 243 N. Y. 162; People v. Santoro, 229 N. Y. 277.) The defendant was made adequately aware of the charge against him. We find the reasoning in Gianciulli (supra) hypertechnical and unacceptable.
The judgment of conviction should be affirmed.
Concur — Hogah, J. P., Pittoni and McCullough, JJ.
Judgment affirmed.