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PEOPLE v. GUILIANTI

10 N.Y.2d 433 (1962)

The People of the State of New York, Appellant, v. Anthony Guilianti, Respondent.

Court of Appeals of the State of New York.

Decided January 11, 1962.

Attorney(s) appearing for the Case

Frank D. O'Connor, District Attorney (Benj. J. Jacobson of counsel), for appellant.

Alexander A. Miuccio for respondent.

Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS and BURKE concur with Judge FOSTER; Judge FULD dissents in a separate opinion.

FOSTER, J.

On September 17, 1960 defendant was served with a summons charging him with operating an unregistered vehicle on a public highway in Queens County (Vehicle and Traffic Law, former art. 3, § 11, subd. 1, now art. 14, § 401, subd. 1, par. a). At the trial in City Magistrates' Court, City of New York, the arresting officer testified that defendant was operating a Ford truck which was drawing...

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