PEOPLE v. GRUND


14 N.Y.2d 32 (1964)

The People of the State of New York, Respondent, v. Richard Grund, Appellant.

Court of Appeals of the State of New York.

Decided February 27, 1964.


Attorney(s) appearing for the Case

A. M. Luongo and F. P. Luongo for appellant.

William Cahn, District Attorney (James J. Byrne of counsel), for respondent.

Judges FULD, SCILEPPI and BERGAN concur with Judge VAN VOORHIS; Chief Judge DESMOND and Judges DYE and BURKE dissent and vote to affirm.


VAN VOORHIS, J.

The decision of this appeal depends, not on whether appellant may have been guilty of speeding or reckless driving in the operation of his automobile, but on whether he and the driver of another vehicle were "drag racing" in violation of section 1182 of the Vehicle and Traffic Law in force on that date (July 28, 1962). That section provides: "No races or contests for speed shall be held and no...

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