People v. Lawton

New York Court of Appeals

People v. Lawton

216 N.E.2d 340, 17 N.Y.2d 637, 269 N.Y.S.2d 137, 1966 N.Y. LEXIS 1511

DecidedMarch 24, 1966

StatusPublished

This text of 216 N.E.2d 340 (People v. Lawton) 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. Lawton, 216 N.E.2d 340, 17 N.Y.2d 637, 269 N.Y.S.2d 137, 1966 N.Y. LEXIS 1511 (N.Y. 1966).

Pincite

Opinion

Memorandum. The order of the Wayne County Court should be reversed and the judgment of conviction of the Court of Special .Sessions of the Village of Clyde reinstated. An operator [639]*639has a right to detach from his license and withhold from police inspection the stub showing the record of prior traffic convictions. It is not, however, a violation of section 501 (snbd. 1, par. c) of the Vehicle and Traffic Law for a police officer to examine such a record if it is voluntarily given him by the operator. Since the motorist is aware of his right to detach the conviction record as the notice of such a right is printed on the license, the officer is under no duty additionally to inform the motorist of this at the time he requests to inspect the license.

Chief Judge Desmond and Judges Fuld, Van Voorhis, Burke, Scileppi, Bergan and Keating concur.

Order reversed, etc.

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Memorandum. The order of the Wayne County Court should be reversed and the judgment of conviction of the Court of Special .Sessions of the Village of Clyde reinstated. An operator [639]*639has a right to detach from his license and withhold from police inspection the stub showing the record of prior traffic convictions. It is not, however, a violation of section 501 (snbd. 1, par. c) of the Vehicle and Traffic Law for a police officer to examine such a record if it is voluntarily given him by the operator. Since the motorist is aware of his right to detach the conviction record as the notice of such a right is printed on the license, the officer is under no duty additionally to inform the motorist of this at the time he requests to inspect the license.

Chief Judge Desmond and Judges Fuld, Van Voorhis, Burke, Scileppi, Bergan and Keating concur.

Order reversed, etc.

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Bluebook (online)

216 N.E.2d 340, 17 N.Y.2d 637, 269 N.Y.S.2d 137, 1966 N.Y. LEXIS 1511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lawton-ny-1966.