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PEOPLE v. KOSSIFOS

36 Misc.2d 8 (1959)

The People of the State of New York, Respondent, v. Constantine N. Kossifos, Appellant.

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

April 17, 1959

Attorney(s) appearing for the Case

John D. Sakona for appellant. Daniel V. Sullivan, District Attorney (Milton Altschuler of counsel), for respondent.

SILVER and MARTINIS, JJ., concur; CANNELLA, J., dissents and votes to affirm the conviction.

MEMORANDUM BY THE COURT.

Judgment reversed and new trial ordered before a City Magistrate at the Traffic District Magistrates' Court, Borough of The Bronx, City of New York, on Friday, May 1, 1959. Fine ordered remitted. The presumption of accuracy of the speedometer continues from the first date of examination before the infraction until the next examination after the infraction. However, where the examiner seeks to elicit...

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