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PEOPLE v. HEYSER

2 N.Y.2d 390 (1957)

The People of the State of New York, Respondent, v. Carl J. Heyser, Jr., Appellant.

Court of Appeals of the State of New York.

Decided March 8, 1957.

Attorney(s) appearing for the Case

George A. Murphy for appellant.

Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD and BURKE, JJ., concur with FROESSEL, J.; VAN VOORHIS, J., dissents and votes to reverse and to dismiss the information upon the ground that there was insufficient evidence to prove defendant guilty of the charge beyond a reasonable doubt.

FROESSEL, J.

On April 18, 1956, at 2:30 P.M., Patrolman Einemann, a member of the Long Island State Park Police, observed defendant's car proceeding west on the Northern State Parkway at what he judged to be a high rate of speed. He proceeded to follow it — no cars were in his way — until he reached a position about 100 yards behind it, and he maintained that position for over a quarter of a mile...

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