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PEOPLE v. CULL

10 N.Y.2d 123 (1961)

The People of the State of New York, Appellant, v. Frederick John Cull, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1961.

Attorney(s) appearing for the Case

Richard H. Dawson, District Attorney, for appellant.

David M. Franz for respondent.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Paxton Blair of counsel), amicus curiæ, in his statutory capacity under section 71 of the Executive Law.

Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

FULD, J.

The defendant was apprehended for driving on a state highway at 46 miles an hour in a zone where the State Traffic Commission had announced, by a so-called "order", that the speed should not exceed 35 miles. He was charged with a violation of section 56, subdivision 4, of the former Vehicle and Traffic Law which renders such driving unlawful. His conviction by a justice of the peace was reversed by the...

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