In People v Meyers (207 Misc 431 ) the defendant moved to dismiss a charge on several grounds, one of which was that, in stating the violation, the information had cited to a statutory section that did not exist. The court rejected that contention since "the information stated and the defendant well knew the acts constituting the offense with which he was charged and that is sufficient," so that the "section of the law may be disregarded" (id. at 432)
In that case, a posttrial appeal, the court reversed the conviction because the information had failed to properly alert the defendant to the nature of the charge, listing it as a traffic infraction when, in actuality, it was a crime.
That, the court held, deprived the defendant "of a substantial right" because an information "must contain allegations of the alleged violation of law with such accuracy that the accused may know the exact offense with which he is charged" (id. at 433).