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PEOPLE v. HILDEBRANDT

308 N.Y. 397 (1955)

The People of the State of New York, Respondent, v. Walter C. Hildebrandt, Appellant.

Court of Appeals of the State of New York.

Decided April 14, 1955

Attorney(s) appearing for the Case

Delon F. Mousaw for appellant.

Harry L. Rosenthal, District Attorney (John J. Conway, Jr., of counsel), for respondent.

W. Clyde O'Brien and Richard Turner for Sergeant & Greenleaf, Inc., and Traffic Controls, Inc., amici curiæ, in support of respondent's position.

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

DESMOND, J.

The question of law on this appeal is: may it be inferred, from the fact that a person is the owner of an automobile, that he is its driver at a particular time?

Defendant's conviction, in a Court of Special Sessions, was for the "traffic infraction" (see Vehicle and Traffic Law, § 2, subd. 29) of driving an automobile at a speed illegal in a restricted speed zone (Vehicle and Traffic...

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