People v. Cuskley

Defendant’s conviction for passing a parked school bus cannot stand since the People failed to prove, as required by section 375 (subd. 20, par. [a]) of the Vehicle and Traffic Law, that a flashing red signal lamp was affixed on the rear of the bus no more than six inches below the top of the vehicle.

The judgment of conviction should be unanimously reversed on the law, complaint dismissed and fine remitted.

Concur — Hart, Sciiwartrwald and Ritchie, JJ.

Judgment reversed, etc.