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PEOPLE v. HARMS

308 N.Y. 35 (1954)

The People of the State of New York, Respondent, v. Robert Harms, Appellant.

Court of Appeals of the State of New York.

Decided December 3, 1954

Attorney(s) appearing for the Case

Samuel Safronoff and Herbert H. Kunmann for appellant.

Frank A. Gulotta, District Attorney (Edward Margolin of counsel), for respondent.

LEWIS, Ch. J., DYE, FULD and VAN VOORHIS, JJ., concur with DESMOND, J.; CONWAY, J., dissents in an opinion in which FROESSEL, J., concurs.

DESMOND, J.

Defendant appeals from an affirmance of his conviction of the misdemeanor (see Vehicle and Traffic Law, § 70, subd. 1) of violating paragraph b of subdivision 1 of section 20 of the Vehicle and Traffic Law. The charge was that, on December 11, 1953, defendant, while under eighteen years of age and being the holder of a "junior operator's" license only,...

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