PEOPLE v. OLSEN


55 Misc.2d 321 (1967)

The People of the State of New York, Respondent, v. James N. Olsen, Appellant.

County Court, Herkimer County.

August 9, 1967


Attorney(s) appearing for the Case

George G. Fiesinger and Edward Rose for appellant. Albert W. Schneider, District Attorney (Henry D. Blumberg of counsel), for respondent.


EDMUND A. McCARTHY, J.

This is an appeal from a conviction in the City Court, City of Little Falls (BERNARD J. MALONE, J.), wherein the defendant was convicted of driving at a speed not reasonable or prudent.

From the City Judge's return on this appeal, it is plain to be seen that this case was tried on the erroneous theory that it was necessary to have high speed in a prohibited zone in order to sustain a charge of imprudent speed. As a result...

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