Judgment unanimously affirmed, with costs.
Memorandum:
Subdivisions (a) and (b) of section 1140 and subdivision (a) of section 1142 of the Vehicle and Traffic Law are mutually exclusive under the circumstances of the controlled intersection in this case and both should not have been charged by the trial court. It would, indeed, be difficult to envision a situation where the comment of the New York Pattern Jury Instructions, applying to "Intersections Controlled...
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