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PEOPLE v. SMITH

16 Misc.2d 767 (1959)

The People of the State of New York, Respondent, v. Francis Clarence Smith, Appellant.

County Court, Niagara County.

March 31, 1959.

Attorney(s) appearing for the Case

Anthony C. Ben for appellant.

William H. Earl, District Attorney (John R. Phelps of counsel), for respondent.

FRANK J. KRONENBERG, J.

Defendant was convicted by a Justice of the Peace of the Town of Lockport of speeding and he appeals.

Defendant presents affidavits as to what went on at his trial (no stenographer was present) and affidavits contradictory of the defendant's are made by the Justice of the Peace and the State trooper who was the complainant. The Justice's affidavit constitutes the return.

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