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PEOPLE v. DRISCOLL

56 Misc.2d 220 (1968)

The People of the State of New York, Plaintiff, v. David Driscoll, Defendant.

District Court of Nassau County, First District.

March 8, 1968

Attorney(s) appearing for the Case

William Cahn, District Attorney (Ronald Friedman of counsel), for plaintiff. David Driscoll, defendant in person.

JOHN S. LOCKMAN, J.

A New Jersey resident is charged with violating subdivision 6 of section 381 of the Vehicle and Traffic Law which provides: "§ 381. Motorcycle Equipment * * * 6. It shall be unlawful * * * for any person to operate or ride upon a motorcycle unless he wears a protective helmet".

The defense is section 250 of the Vehicle and Traffic Law which provides: "1 * * * the provisions of this chapter relative

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