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PEOPLE v. SCHWARTZ

12 N.Y.2d 753 (1962)

The People of the State of New York, Respondent, v. Sydney J. Schwartz, Appellant.

Court of Appeals of the State of New York.

Decided October 25, 1962.

Attorney(s) appearing for the Case

Sydney J. Schwartz, appellant in person.

William Cahn, District Attorney (Henry P. De Vine of counsel), for respondent.

Concur: Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Chief Judge DESMOND dissents in the following opinion in which Judge VAN VOORHIS concurs.

Order affirmed in the following memorandum: The defendant, a lawyer, was adjudged guilty, after trial, of the traffic infraction of speeding and fined $10 (Vehicle and Traffic Law, § 1180, subd. 4; § 1800, subd. [a]). If he desired to challenge the validity of his conviction, he was under the necessity of moving in arrest of judgment or, as was done in People v. Cull (10 N.Y.2d 123), of appealing from the judgment of conviction...

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