PEOPLE v. MERRY


12 Misc.2d 20 (1958)

The People of the State of New York, Plaintiff, v. Ronald Francis Merry, Defendant.

Justice Court, Town of Lowville, Lewis County.

May 27, 1958.


Attorney(s) appearing for the Case

Nat B. Merrell, District Attorney, for plaintiff.

H. Farrington Young for defendant.


ERNEST J. WOLFE, JR., J.

The defendant is charged with a violation of the Muffler Law which is to be found in Vehicle and Traffic Law (§ 15, subd. 1) and reads in part: "Every such motor vehicle, also, shall have a suitable muffler or device to prevent unnecessary noise from exhaust gases" (emphasis added).

Defendant's counsel moves for the dismissal of the information on the ground that the quoted portion of the statute violates the...

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