HomeMy WebLinkAboutReport of the Village Justice 1974• REPORT OF THE VILLAGE JUSTICE TO THE MAYOR
AND TRUSTEES OF THE VILLAGE OF CAYUGA IEIGHTS
1974
Motor vehicle convictions resumed their climb in 1974 after a drop in 1973. Con-
victions of very high speeds became rare, however, perhaps in recognition of the
nationwide 55 mile- per -hour limit. If the proposed new shopping mall is built
in Lansing, the resulting traffic will seriously tax the village roads and will
undoubtedly increase the work of the Village Police and the Village Court.
Criminal matters dropped somewhat with bad checks the most time - consuming offense
for Both the police and Lire court. It would seem that a modest effort at precise
identification of persons seeking to cash checks would prevent most of these
charges.
The court had the wholehearted cooperation of the State Police, County Sheriff
Robert Howard, the Cornell University Safety Division, and the Village Police in
carrying on its duties. Chief Harlin R. McEwen continued to exercise vital lead-
ership in the Village force, and maintained it at a high degree of training in
spite of unavoidable turnover of personnel. The District Attorney was represented
by Charles T. Currey, Assistant District Attorney, who tried all cases in which
the defendant was represented by counsel. A new Administrator of Assigned Counsel
Mr. Robert W. Stolp, suyplied counsel to indigent defendants whenever requested by
the court. After virtually all convictions of misdemeanors, the Probation Depart-
ment furnished valuable pre- sentencing investigations to guide the court in pro-
nouncing sentence. Mr. William Lee and Mr. Robert Brown of Cornell Law School
acted, successively as clerk of the court and performed both clerical and re-
search duties very capably.
The number of cases involving drinking and driving continued to be the major un-
solved problem. No motion to reduce the misdemeanor of driving while intoxicated
to the violation of driving while ability impaired was considered until the defen-
dant had completed the Alcohol Safety Action Course conducted by the Alcohol In-
formation Center. The cases in this category disposed of in 1974 are summarized
in an appendix.
The Village Justice attended a useful one -day alcohol and automotive seminar at
Broome County Community College conducted by the Department of Motor Vehicles
for court and police personnel.
The Honorable Warren Bly, Town Justice of the Town of Ithaca. generously agreed
to serve as Acting Village Justice.. Cases handled by him are not included in
this report.
A total of 224 hours was devoted to court business by the Village Justice in 1974,
as against 153 in 1973. The difference reflects the greater time required under
more complex proceedings required by law as well as more time - consuming complaints
filed in court. The Village Justice also served as Treasurer of the Tompkins
County Magistrates' Association. which is devoted to improving the administration
• of justice in the town and village courts.
Respectfully submitted.
February 18, 1975
WILLIAM TUCKER DEAN
VILLAGE JUSTICE
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0
OTHER MATTERS
During the past year the court disposed of 22 criminal matters
not involving the Vehicle and Traffic Law.
(1) Issuing a bad check . . . . . . . . . . . . 5
(2) Possession of a dangerous drug- -6th degree 1
(3) Disorderly conduct . . . . . . . . . . . . . 6
(4) Petit larceny . . . . . . . . . . . . . . . 2
(5) Public intoxication . . . . . . . . . . . . 1
(6) Fraudulent accosting . . . . . . . . . . . . 1
(7) Criminal trespass . . . . . . . . . . . . . 4
(8) Burglary . . . . . . . . . . . . . . . . . 1
(9) Harassment . . . . . . . . . . . . . . . . . 1
Total 22
The above totals include those cases dismissed.
The court also disposed of one civil case during 1974.
0
i 1
-4-
• SUMMARY OF CASES CHARGING DRIVING WHILE INPDXICATED AND
DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL
Docket 16 -150
Defendant was issued a ticket on March 4, 1973, charging a violation of Section
1192 -3 of the Vehicle and Traffic Law, driving while intoxicated. Arraignment
followed before the Village Court at 4:16 a.m. On March 6, 1973, defendant
appeared with his attorney, and pleaded not guilty to the charge. The defendant
successfully completed the Alcohol Safety Action Program on May 29, 1973. The
court denied a motion to reduce the charge to driving while ability impaired cn
June 25, 1973. The motion was subsequently reviewed and granted by the court
on March 4, 1974 on the basis of undue delay by the People in the preparation of
the case for trial. The court fined the defendant $50 and suspended his license
for a sixty -day period.
Docket 16 -163
A ticket was issued to the defendant March 1, 1973, charging a violation of
Section 1192 -3 of the Vehicle and Traffic Law, driving while intoxicated. He was
arraigned before Judge Newhart of Dryden on March 1, 1973, and released upon
posting $150 bail. The tillage Court adjourned the case on April 23, 1973) to
enable the defendant to attend the Alcohol Safety Action Program, which he com-
pleted successfully. The defendant moved to plead guilty to the reduced charge
of driving while ability impaired on July 3, 1973, on the ground that the arrest-
ing officer was in the hospital and not likely to return to duty for trial. The
motion was denied. Upon renewal of the motion on March 4, 1974, the court dis-
missed the charge of driving while intoxicated and accepted a guilty plea to
driving while ability impaired on the basis of the delay in prosecution. After
a pre - sentencing investigation was made, the court fined the defendant $50 and
sentenced the defendant to five days in jail. The defendant was given a condi-
tional discharge from the jail sentence on the condition of his not being found
guilty of any alcohol - related offense during the next year.
Docket 16 -298
Defendant was issued a ticket on May 2, 1973, charging him with a violation of
Section 1192 -3 of the Vehicle and Traffic Law, driving while intoxicated. Since
the defendant was violent at the time of arraignment, he was committed to the
County Jail. Defendant was later released upon posting $200 bond. Defendant
pleaded not guilty and his attorney requested a jury trial. Defendant completed
the Alcohol Safety Action Program on July 30, 1973. Defendant moved to plead
guilty to the reduced charge of driving while ability impaired, which was denied
by the court on August 13, 1973. Defendant changed his plea to guilty of driving
while intoxicated on September 10, 1973. After a pre - sentencing investigation,
defendant visa fined $250. His license was revoked.
•
-5-
• Docket 17 -30
Defendant received a ticket on October 6, 1973, charging a violation of Section
1192 -3 of the Vehicle and Traffic Law, driving while intoxicated. Defendant
pleaded guilty to the reduced charge of driving while ability impaired on
October 23, 1973, pursuant to a motion granted on the basis of some confusion
as to whether the defendant or his companion had been driving at the time of the
accident which led to the arrest. The case was adjourned so that defendant could
complete the Alcohol Safety Action Program. The defendant was fined $50 and his
license was suspended for 60 days.
Docket 17 -218
Defendant was issued a ticket on February 25, 1974, charging a violation of
Section 1192 -3 of the Vehicle and Traffic Law, driving while intoxicated.
Defendant successfully completed the Alcohol Safety Action Program on May 6, 1974.
The court accepted defendant's plea of guilty to the lesser charge of driving
while ability Impaired on July 16, 1974, in the interests of justice on a showing
of a serious health problem, and conditioned on defendant surrendering his license
for a total of six months. He was fined $50.
Docket 17 -311
• Defendant was issued a ticket, charging a violation of Section 1192 -3 of the
Vehicle and Traffic Law, driving while intoxicated, on March 14, 1974. Since
defendant was not a local resident, he was unable to participate in the Alcohol
Safety Action Program. Upon advice of counsel, defendant pleaded guilty to
driving while ability impaired; this plea was accepted on a showing of extreme
hardship due to the defendant's occupation as a traveling salesman. Defendant
was fined $50 and had his license suspended for 60 days.
Docket 17 -440
Defendant was ticketed on a charge of violation of Section 1192 -3 of the Vehicle
and Traffic Law, driving while intoxicated, on May 16, 1974. Defendant, through
counsel, moved to plead guilty to a reduced charge of driving while ability
impaired on June 10, 1974. The court withheld consideration of the motion until
the defendant successfully completed the Alcohol Safety Action Program, which he
did August 12, 1974. The court denied the motion September 9, 1974, and the
defendant pleaded guilty to the charge. He was fined $50 and his license was
revolted.
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