People v. Reiner

New York County Courts

People v. Reiner

5 Misc. 2d 1053, 165 N.Y.S.2d 864, 1957 N.Y. Misc. LEXIS 3234

DecidedApril 2, 1957

StatusPublished

This text of 5 Misc. 2d 1053 (People v. Reiner) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Reiner, 5 Misc. 2d 1053, 165 N.Y.S.2d 864, 1957 N.Y. Misc. LEXIS 3234 (N.Y. Super. Ct. 1957).

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Opinion

Harold T. Garrity, J.

Defendant appeals from a conviction for violation of subdivision 24 of section 81 of the Vehicle and Traffic Law which requires motorists to come to a complete stop in overtaking or meeting a school bus which is discharging or receiving passengers, provided there are flashing red signals and appropriate signs indicating the special character of the bus.

There is sharp conflict in the testimony as to whether the school bus had actually come to a stop and whether the blinking rear signal lights were working. The trial court obviously determined the defendant’s guilt on the basis of the testimony of the bus driver and the police officer.

The only issue raised is whether defendant’s guilt was established beyond a reasonable doubt. The record does not warrant our concluding as a matter of law that the conviction was erroneous.

Judgment of conviction affirmed. Submit appropriate order.

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Harold T. Garrity, J.

Defendant appeals from a conviction for violation of subdivision 24 of section 81 of the Vehicle and Traffic Law which requires motorists to come to a complete stop in overtaking or meeting a school bus which is discharging or receiving passengers, provided there are flashing red signals and appropriate signs indicating the special character of the bus.

There is sharp conflict in the testimony as to whether the school bus had actually come to a stop and whether the blinking rear signal lights were working. The trial court obviously determined the defendant’s guilt on the basis of the testimony of the bus driver and the police officer.

The only issue raised is whether defendant’s guilt was established beyond a reasonable doubt. The record does not warrant our concluding as a matter of law that the conviction was erroneous.

Judgment of conviction affirmed. Submit appropriate order.

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Bluebook (online)

5 Misc. 2d 1053, 165 N.Y.S.2d 864, 1957 N.Y. Misc. LEXIS 3234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reiner-nycountyct-1957.