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PEOPLE v. DUSING

5 N.Y.2d 126 (1959)

The People of the State of New York, Appellant, v. Leon F. Dusing, Respondent.

Court of Appeals of the State of New York.

Decided January 8, 1959.

Attorney(s) appearing for the Case

Anthony Manguso, Corporation Counsel (Joseph M. Casey of counsel), for appellant.

John C. Ward for respondent.

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

DESMOND, J.

Defendant's conviction in City Court of Buffalo on an automobile speeding charge (Buffalo City Ordinances, ch. 60, § 14, subd. 3) was reversed by an order which, since it does not specify "on the law" or "on the facts", must be considered a reversal on the law alone (Code Crim. Pro., § 543-a, subd. 4). The appellate court in its opinion rejected as insufficient the two types of proof offered...

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