Judgment affirmed, and case remitted to the County Court, Dutchess County, for further proceedings pursuant to CPL 460.50 (5).
The evidence adduced at the trial established that the defendant attempted to pass several cars on a two-lane highway in a restricted-view, no-passing zone, at a speed in excess of 75 miles per hour. When the defendant saw that he did not have enough time in which to pass an automobile because of an oncoming car, he had insufficient space...
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