PEOPLE v. KOHLER


45 Misc.2d 692 (1965)

The People of the State of New York, Respondent, v. John W. Kohler, Jr., Appellant.

Supreme Court, Appellate Term, Second Department.

March 24, 1965


Attorney(s) appearing for the Case

Spar, Schlem & Burroughs for appellant. Aaron E. Koota, District Attorney (Raymond J. Scanlan, Harry Brodbar and David Diamond of counsel), for respondent.

GULOTTA, J., concurs; SCHWARTZWALD, J., dissents in separate opinion.


ANTHONY J. DI GIOVANNA, J.

This is an appeal from a judgment of conviction after trial for violation of section 1180 (subd. [b], par. 3) of the Vehicle and Traffic Law and from the sentence imposed. The result reached herein makes it unnecessary to review the facts constituting the traffic infraction. The principal point on appeal involves the question as to whether on the trial of a charge of speeding, which constitutes a traffic infraction (Vehicle...

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