New York County Courts, 1958

People v. Algie

People v. Algie
New York County Courts · Decided December 2, 1958 · Connor, William
14 Misc. 2d 619; 182 N.Y.S.2d 394; 1958 N.Y. Misc. LEXIS 2262

Counsel

Sol Rubenstein for appellant., John N. McLaren, District Attorney, for respondent.

People v. Algie

Opinion of the Court

William E. J. Connor, J.

The judgment of conviction hereby appealed from is reversed for the reason that neither upon the trial nor upon the appeal did the People prove that no speed greater than 50 miles per hour ivas permitted by the State Traffic Commission at the point where the alleged speeding took place. This fact must not only be alleged, but must be proved. (People v. Smith, 192 Misc. 965, affd. 299 N. Y. 707.)

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