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People v. Fiore

9 Misc. 2d 468, 170 N.Y.S.2d 726, 1957 N.Y. Misc. LEXIS 2042
CourtNew York Court of Special Session
DecidedDecember 6, 1957
StatusPublished
Cited by7 cases

This text of 9 Misc. 2d 468 (People v. Fiore) is published on Counsel Stack Legal Research, covering New York Court of Special Session primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Fiore, 9 Misc. 2d 468, 170 N.Y.S.2d 726, 1957 N.Y. Misc. LEXIS 2042 (N.Y. Super. Ct. 1957).

Opinion

Per Curiam.

Appellant was convicted of speeding. At the conclusion of the testimony and after both sides had rested, the trial court examined appellant’s driver’s license which was not in evidence and commented on previous traffic violations therein set forth.

It was reversible error for the court to look at the license before conviction. Such practice should be scrupulously avoided in the future, since it is a clear violation of defendant’s rights.

We do not say that the decision would have been different if the Magistrate had not seen the defendant’s license before [469]*469rendering Ms decision. Suffice it to say that the case is criminal in nature and all the safeguards in such cases should be observed.

The judgment of conviction should be reversed and new trial ordered.

Kozicke, Heller and Rossbach, JJ., concur.

Judgment reversed, etc.

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Related

People v. Meisenzahl
108 Misc. 2d 648 (New York County Courts, 1981)
People v. Covert
51 Misc. 2d 925 (New York County Courts, 1966)
People v. Stein
47 Misc. 2d 391 (Nassau County District Court, 1965)
People v. Murdock
44 Misc. 2d 498 (New York Court of Special Session, 1964)
People v. Patton
27 Misc. 2d 357 (New York County Courts, 1961)
People v. Semonite
18 Misc. 2d 427 (New York County Courts, 1959)
People v. Hartgrove
12 Misc. 2d 201 (New York County Courts, 1958)

Cite This Page — Counsel Stack

Bluebook (online)
9 Misc. 2d 468, 170 N.Y.S.2d 726, 1957 N.Y. Misc. LEXIS 2042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fiore-nyspecsessct-1957.