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PEOPLE v. CARMICHAEL

56 Misc.2d 388 (1968)

The People of the State of New York, Appellant, v. Donald J. Carmichael, Respondent.

County Court, Genesee County.

February 29, 1968

Attorney(s) appearing for the Case

Ernest M. Found, District Attorney (Daniel M. Babcock of counsel), for appellant. Donald J. Carmichael, respondent in person. Hickey & McHugh (E. James Hickey of counsel), for American Motorcycle Association, amicus curiæ. Short & Dworkin (Bernard Dworkin of counsel), for Metropolitan Cycle Association, amicus curiæ.

GLENN R. MORTON, J.

The defendant was charged with a violation of subdivision 6 of section 381 of the Vehicle and Traffic Law of the State of New York for allegedly operating a motorcycle on February 15, 1967 without a protective helmet. The charge was laid before the Special Sessions Court for the Town of Oakfield and on April 26, 1967 Town Justice, RICHARD D. YUNKER, held the statute unconstitutional and dismissed the information (

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