People v. La Monte

New York Court of Special Session

People v. La Monte

135 Misc. 643, 240 N.Y.S. 687, 1930 N.Y. Misc. LEXIS 1121

DecidedJanuary 10, 1930

StatusPublished

This text of 135 Misc. 643 (People v. La Monte) 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. La Monte, 135 Misc. 643, 240 N.Y.S. 687, 1930 N.Y. Misc. LEXIS 1121 (N.Y. Super. Ct. 1930).

Pincite

Opinion

Kernochan, P. J.

This is an appeal from a judgment convicting the appellant of violating section 42 of article 3 of chapter 24 of the Code of Ordinances of the City of New York in that on the 10th day of May, 1929, while driving a street car “ on 125th Street and 1st Avenue did wilfully fail to stop said vehicle on signal, which was then and there conveyed to defendant by this deponent.”

The act complained of is not a violation of the ordinance but is a violation of article II, subdivision a, of the traffic regulations adopted by the police commissioner under authority of section 315 of the Greater New York Charter (as amd. by Laws of 1914, chap. 455). Section 315 of the charter makes a violation of these regulations a misdemeanor of which a Magistrate’s Court has no jurisdiction. (People v. Lindner, 133 Misc. 728.)

Judgment reversed on law; facts not examined. Complaint dismissed and fine ordered refunded.

Fetherston and Herbert, JJ., concur.

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