People v. Skelly

Appellate Terms of the Supreme Court of New York

People v. Skelly

52 Misc. 2d 606, 276 N.Y.S.2d 316, 1966 N.Y. Misc. LEXIS 1468

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 5, 1966

StatusPublished

Cited by4 cases

This text of 52 Misc. 2d 606 (People v. Skelly) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Skelly, 52 Misc. 2d 606, 276 N.Y.S.2d 316, 1966 N.Y. Misc. LEXIS 1468 (N.Y. Ct. App. 1966).

Pincite

Opinion

Per Curiam.

Defendant was charged with a violation of section 600 of the Vehicle and Traffic Law (leaving the scene of an accident without reporting) in that he failed to give the information required by that statute to the party whose vehicle was damaged. Since' the proof establishes without contradiction that neither a police officer nor the party who sustained the damage was present at the scene of the accident, and there is no allegation in the information that defendant did not report the incident “ as soon as physically able * * * to the nearest police station, or judicial officer ” (§ 600), the judgment of conviction cannot stand.

The judgment of conviction should be reversed on the law and facts, information dismissed and revocation of license rescinded.

Shapiro and Martuscello, JJ., concur; Hogan, J., dissents and votes to affirm upon the ground that defendant’s guilt was established beyond a reasonable doubt.

Judgment reversed, etc.

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Per Curiam.

Defendant was charged with a violation of section 600 of the Vehicle and Traffic Law (leaving the scene of an accident without reporting) in that he failed to give the information required by that statute to the party whose vehicle was damaged. Since' the proof establishes without contradiction that neither a police officer nor the party who sustained the damage was present at the scene of the accident, and there is no allegation in the information that defendant did not report the incident “ as soon as physically able * * * to the nearest police station, or judicial officer ” (§ 600), the judgment of conviction cannot stand.

The judgment of conviction should be reversed on the law and facts, information dismissed and revocation of license rescinded.

Shapiro and Martuscello, JJ., concur; Hogan, J., dissents and votes to affirm upon the ground that defendant’s guilt was established beyond a reasonable doubt.

Judgment reversed, etc.

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Bluebook (online)

52 Misc. 2d 606, 276 N.Y.S.2d 316, 1966 N.Y. Misc. LEXIS 1468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-skelly-nyappterm-1966.

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