People v. Smith

Defendant was convicted by a Justice of the Peace of the Town of Lockport of speeding and he appeals.

Defendant presents affidavits as to what went on at his trial (no stenographer was present) and affidavits contradictory of the defendant’s are made by the Justice of the Peace and the State trooper who was the complainant. The Justice’s- affidavit constitutes the return.

*768One point of difference is whether the Justice informed the defendant of the provisions of section 335-a of the Code of Criminal Procedure. However, the court is not concerned with this dispute because the summons which is…