PEOPLE v. KELLER


21 Misc.2d 175 (1959)

The People of the State of New York, Respondent, v. George Keller, Appellant.

Court of Special Sessions of the City of New York, Appellate Part, Second Department.

December 14, 1959.


Attorney(s) appearing for the Case

Silbowitz & Feiden (Norman Feiden of counsel), for appellant.

Frank D. O'Connor, District Attorney (Eileen M. Thornton of counsel), for respondent.

DUNAIF, J., concurs with RINGEL, J., in a separate opinion; GASSMAN, P. J., dissents in an opinion.


WILLIAM E. RINGEL, J.

The fact that a driver of a vehicle received a summons personally and appeared in court to answer the summons, plus the fact that that person was the owner of the registered vehicle involved, creates an irresistible inference that such person drove the vehicle at the time in question. (People v. Rubin, 284 N.Y. 392, 396, 397.)

The case at bar is readily distinguishable from both the cases cited by the defendant. (...

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