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PEOPLE v. OLSEN

22 N.Y.2d 230 (1968)

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

Court of Appeals of the State of New York.

Decided June 5, 1968.

Attorney(s) appearing for the Case

Albert W. Schneider, District Attorney (Henry D. Blumberg of counsel), for appellant.

Edward J. Rose and George G. Fiesinger for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.

KEATING, J.

The People appeal by permission of an Associate Judge of this court from an order of the Herkimer County Court which reversed a judgment of the City Court of the City of Little Falls convicting the defendant of violating section 1180 of the Vehicle and Traffic Law.

The basis of the County Court's decision was that the only evidence that the defendant operated his vehicle in excess of the 30...

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