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PEOPLE v. MASON

307 N.Y. 570 (1954)

The People of the State of New York, Appellant, v. Albert Francis Mason, Respondent. The People of the State of New York, Appellant, v. William Martin Rose, Respondent. The People of the State of New York, Appellant, v. Joseph A. Smith, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1954

Attorney(s) appearing for the Case

(Charles E. Bowers, District Attorney (Roger W. Daniels of counsel), for appellant.

Allan L. Gurley for respondent in first above-entitled action.

James R. Ingram and Allan L. Gurley for respondent in second above-entitled action.

James J. Crowley for respondent in third above-entitled action.

LEWIS, Ch. J., CONWAY, DESMOND, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

DYE, J.

In each of the within cases the People appeal by permission from orders of the County Court, St. Lawrence County, reversing in each instance a judgment of a Court of Special Sessions convicting each defendant of operating an automobile while intoxicated, a misdemeanor in violation of subdivision 5 of section 70 of the Vehicle and Traffic Law. The cash fines that had been imposed and paid were remitted and the respective...

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