Defendant was convicted of a violation of subdivision 5 of section 70 of the Vehicle and Traffic Law—a misdemeanor. The information was sworn to before a sergeant of the Sheriff’s office who was not a notary public. He had no authority to administer the oath unless authorized by section 74-b (now § 208) of the Vehicle and Traffic Law. That section, however, authorizes him to take oaths only where “ a traffic summons has been served ’ ’. The People’s witness, the arresting officer, flatly testified that no traffic summons had been served. Immediately after the establishment of this fact, defendant moved for a dismissal of the information. The motion should have been granted since the court had no jurisdiction (People v. Scott, 3 N Y 2d 148, 151). We do not feel that we may “ reject the literal meaning” of section 74-b as respondent suggests.
The judgment of the County Court should be reversed, the judgment of conviction vacated, and the information dismissed.
Judgment reversed and the information dismissed.