PEOPLE v. DECINA


2 N.Y.2d 133 (1956)

The People of the State of New York, Appellant-Respondent, v. Emil Decina, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1956.


Attorney(s) appearing for the Case

John F. Dwyer, District Attorney (Leonard Finkelstein of counsel), for appellant-respondent.

Charles J. McDonough for respondent-appellant.

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


FROESSEL, J.

At about 3:30 P.M. on March 14, 1955, a bright, sunny day, defendant was driving, alone in his car, in a northerly direction on Delaware Avenue in the city of Buffalo. The portion of Delaware Avenue here involved is 60 feet wide. At a point south of an overhead viaduct of the Erie Railroad, defendant's car swerved to the left, across the center line in the street, so that it was completely in the...

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