[DOWNLOAD] "People State New York v. Leon F. Dusing" by Court of Appeals of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Leon F. Dusing
• Author : Court of Appeals of New York
• Release Date : January 08, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

[5 N.Y.2d 126 Page 127] Defendant's conviction in City Court of Buffalo on an automobile speeding charge (Buffalo City Ordinances, ch. 60, 14,
subd. 3) was reversed by an order which, since it does not specify "on the law" or "on the facts", must be considered a reversal
on the law alone (Code Crim. Pro., 543-a, subd. 4). The appellate court in its opinion rejected as insufficient the two
types of proof offered to prove speeding. The proof of a radar reading was ruled out because, although there was some showing
of a test of the radar equipment, there was no indication that the automobile speedometer against which the radar reading
had been checked was itself accurate. The other proof of speeding came from two admittedly experienced and qualified police
officers who from separate positions had observed defendant's oncoming automobile. This proof also the appellate court refused
to consider since, so the court held, the officers had insufficient time and opportunity to judge the rate of speed at which
defendant's car was moving.

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