STATE v. GAGNON

No. 2006-373.

924 A.2d 384 (2007)

The STATE of New Hampshire v. Geoffrey GAGNON.

Supreme Court of New Hampshire.

Opinion Issued: May 10, 2007.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Susan P. McGinnis, assistant attorney general, on the brief and orally), for the State.

Rath, Young and Pignatelli, P.C., of Concord, (Brian T. Tucker on the brief and orally), for the defendant.


DUGGAN, J.

The defendant, Geoffrey Gagnon, was charged with reckless driving, RSA 265:79 (2004), and, after a bench trial in Concord District Court (Boyle, J.), was convicted of the lesser included offense of negligent driving, RSA 265:79-b (2004). The sole issue on appeal is whether the State proved that the defendant operated his vehicle on a "way" as defined by RSA 259:125, I (Supp.2006). We reverse.

The...

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