People v. Goldbach

Appellate Division of the Supreme Court of New York

People v. Goldbach

256 A.D. 848, 9 N.Y.S.2d 427, 1939 N.Y. App. Div. LEXIS 5124

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 30, 1939

StatusPublished

This text of 256 A.D. 848 (People v. Goldbach) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Goldbach, 256 A.D. 848, 9 N.Y.S.2d 427, 1939 N.Y. App. Div. LEXIS 5124 (N.Y. Ct. App. 1939).

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Opinion

Judgment rendered by a city magistrate sitting as a Court of Special Sessions of the City of New York, Borough of Queens, convicting defendant of violating section 12, subdivision 1, of the Vehicle and Traffic Law and imposing a fine of five dollars, reversed on the law and the facts, information dismissed and fine remitted. The record is barren of any proof that the defendant violated section 12, subdivision 1. On the contrary, the record indicates that defendant complied with that section. It is unnecessary to determine if defendant was guilty of violating any other section of the statute. Lazansky, P. J., Carswell, Johnston and Close, JJ., concur; Davis, J., dissents and votes to affirm.

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Judgment rendered by a city magistrate sitting as a Court of Special Sessions of the City of New York, Borough of Queens, convicting defendant of violating section 12, subdivision 1, of the Vehicle and Traffic Law and imposing a fine of five dollars, reversed on the law and the facts, information dismissed and fine remitted. The record is barren of any proof that the defendant violated section 12, subdivision 1. On the contrary, the record indicates that defendant complied with that section. It is unnecessary to determine if defendant was guilty of violating any other section of the statute. Lazansky, P. J., Carswell, Johnston and Close, JJ., concur; Davis, J., dissents and votes to affirm.

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Bluebook (online)

256 A.D. 848, 9 N.Y.S.2d 427, 1939 N.Y. App. Div. LEXIS 5124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goldbach-nyappdiv-1939.