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PEOPLE v. BAUR

102 Misc.2d 971 (1980)

The People of the State of New York, Plaintiff, v. Charles Baur, Defendant.

District Court of Nassau County, First District.

January 4, 1980.

Attorney(s) appearing for the Case

Douglas Noll, Assistant District Attorney, for plaintiff. Anthony Capetola for defendant.

RALPH YACHNIN, J.

A question, simple to present, yet most baffling to determine is presented to this court, i.e., whether a statutory clause is a "true exception", thus requiring the People to plead and prove it or whether the clause is a phrase or proviso not requiring such proof.

The defendant is charged with speeding in violation of subdivision (b) of section 1180 of the Vehicle and Traffic Law...

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