PEOPLE v. MATTHEWS


11 A.D.2d 784 (1960)

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

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

July 5, 1960


Judgment reversed on the law and the facts, information dismissed, and fine remitted.

Except for defendant's alleged admission, made while intoxicated, that he had been driving the motor vehicle, there is no proof in the record that he was the one who, while intoxicated, operated the vehicle. In the absence of additional proof the conviction may not stand (Code Crim. Pro., § 395; People v. Hemleb, 4 A.D.2d 878). Appeal...

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