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PEOPLE v. SHAPIRO

4 N.Y.2d 597 (1958)

The People of the State of New York, Appellant, v. Stanley Shapiro, Respondent.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Daniel V. Sullivan, District Attorney (William J. Holland and Walter E. Dillon of counsel), for appellant.

Stanley Shapiro, respondent in person.

Judges DESMOND, FULD, FROESSEL and VAN VOORHIS concur with Chief Judge CONWAY; Judge BURKE dissents in an opinion in which Judge DYE concurs.

Chief Judge CONWAY.

Defendant is charged with violating section 20 (subd. 4, par. a) of the Vehicle and Traffic Law. He was convicted in the City Magistrates' Court of the City of New York, Traffic Court, Borough of The Bronx, but the Appellate Division has reversed and has ordered a new trial from which determination the People have appealed to this court.

The facts are simple and undisputed. The only...

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