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WILLIAMS v. STATE OF NEW YORK

9 A.D.2d 415 (1959)

Frank R. Williams, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 34104.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1959.

Attorney(s) appearing for the Case

Hoffman & Hartnett (Robert W. Hartnett of counsel), for respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Paxton Blair of counsel), for appellant-respondent.

All concur, except KIMBALL and WILLIAMS, JJ., who dissent and vote for reversal and dismissal of the claim in opinion by WILLIAMS, J. Present — McCURN, P. J., KIMBALL, WILLIAMS, GOLDMAN and HALPERN, JJ.

Per Curiam.

We find in the record sufficient evidence to sustain the finding of fact by the Court of Claims that the claimant was arrested solely on the charge of driving without an operator's license. After the claimant had been taken into custody by the State Trooper on that charge and had been taken before the Magistrate, the State Trooper filed two informations, one charging the license violation and the other charging...

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