PEOPLE v. ODERMATT


39 Misc.2d 217 (1963)

The People of the State of New York, Plaintiff, v. Gordon Odermatt, Defendant.

District Court, First District, Nassau County.

May 7, 1963


Attorney(s) appearing for the Case

William Cahn, District Attorney (Robert Rivers of counsel), for plaintiff. Farrell, Neilly & Perrotta (Edward J. Farrell of counsel), for defendant.


FRANCIS J. DONOVAN, J.

The defendant is charged with a violation of subdivision 4 of section 385 of the Vehicle and Traffic Law in that a tractor and trailer operated by him exceeded a total length of 50 feet.

Defendant's motions at the close of the People's case, and at the close of the entire case, are predicated primarily on the failure of the prosecution to plead and prove a negative, namely, that the vehicles were not owned by a corporation...

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