PEOPLE v. MARSELLUS


2 N.Y.2d 653 (1957)

The People of the State of New York, Appellant, v. John F. Marsellus, Respondent.

Court of Appeals of the State of New York.

Decided May 16, 1957.


Attorney(s) appearing for the Case

Angus G. Saunders, District Attorney (Robert M. Weldon of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (James O. Moore, Jr., and Philip J. Fitzgerald of counsel), amicus curiæ, in support of appellant's position.

Allan G. Patch for respondent.

CONWAY, Ch. J., DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


DESMOND, J.

The People appeal from an order of the County Court, Jefferson County, which reversed a judgment of a Court of Special Sessions of the Town of Ellisburg in that county after a trial before a Justice of the Peace without a jury, convicting defendant of the traffic infraction of speeding in violation of subdivision 3 of section 56 of the Vehicle and Traffic Law. The County Court order, which includes...

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