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MATTER OF ROSS v. MACDUFF

284 A.D. 900 (1954)

In the Matter of Mortimer M. Ross, Petitioner, v. James Macduff, as Commissioner of Motor Vehicles of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 18, 1954.

Determination annulled, without costs.

There is an absence of any proof in the record that petitioner had been warned of the consequences with respect to his operator's license, in conformance with section 335-a of the Code of Criminal Procedure, upon the two occasions when he pleaded guilty of speeding in New York City. Accordingly, the convictions for said offenses may not be used as grounds for suspension of his license. (Matter of De Lynn v. Macduff,

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