PEOPLE v. ROSS


41 Misc.2d 260 (1963)

The People of the State of New York, Respondent, v. A. David Ross, Appellant.

Supreme Court, Appellate Term, First Department.

December 12, 1963


Attorney(s) appearing for the Case

Raphael, Searles & Vischi (Thomas J. Burns of counsel), for appellant. Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.

TILZER, J., concurs with GOLD, J.; HOFSTADTER, J. P., dissents in opinion. Judgment reversed, etc.


SAMUEL M. GOLD, J.

The police officer was unable to identify the defendant as the person who had driven the speeding car and received a summons from him. He issued a summons upon the basis of an operator's license in defendant's name presented to him by the driver of the car.

Defendant testified that he was the sales manager for the company owning the car; that he had not driven the car or been in it at the time of the alleged offense; that he...

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