People v. Devoe

New York Court of Appeals

People v. Devoe

159 N.E. 682, 246 N.Y. 636, 1927 N.Y. LEXIS 1032

CourtNew York Court of Appeals

DecidedDecember 13, 1927

StatusPublished

Cited by10 cases

This text of 159 N.E. 682 (People v. Devoe) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Devoe, 159 N.E. 682, 246 N.Y. 636, 1927 N.Y. LEXIS 1032 (N.Y. 1927).

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Opinion

Judgment affirmed. Held that though merely driving in excess of the speed stated in Highway Law, section 287, subdivision 2, may not in and of itself constitute the crime of reckless driving under Highway Law, section 287-b, yet the evidence in this case that defendant was driving at the rate of forty-six miles an hour at the place and in the circumstances described, does supply a basis for an inference by the .trier of the facts of the commission of said offense.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.

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Judgment affirmed. Held that though merely driving in excess of the speed stated in Highway Law, section 287, subdivision 2, may not in and of itself constitute the crime of reckless driving under Highway Law, section 287-b, yet the evidence in this case that defendant was driving at the rate of forty-six miles an hour at the place and in the circumstances described, does supply a basis for an inference by the .trier of the facts of the commission of said offense.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.

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Bluebook (online)

159 N.E. 682, 246 N.Y. 636, 1927 N.Y. LEXIS 1032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-devoe-ny-1927.

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