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MATTER OF MOORE v. MACDUFF

309 N.Y. 35 (1955)

In the Matter of Hal C. Moore, Appellant, v. James R. Macduff, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1955

Attorney(s) appearing for the Case

George N. Meyl and Morris J. Zweig for appellant.

Jacob J. Javits, Attorney-General (Philip J. Fitzgerald and Henry S. Manley of counsel), for respondent.

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

CONWAY, Ch. J.

We have presented to us a question relating to a Canadian regulation of motor vehicles in a proceeding in which petitioner asserts that while parked in the city of Toronto, Canada, he was arrested and charged with operating a motor vehicle while his ability to drive was impaired by alcohol.

The Ontario Highway Traffic Act, as amended in 1953, adopted section 285 of the Criminal...

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