People v. Martinitis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Tony Martinitis, from a judgment of the Court of Special Sessions in the town of Oyster Bay, Nassau county, N. Y., rendered against him on the 8th day of January, 1915, convicting him of the crime of violating section 43 of the Penal Law, and also an appeal from the judgment and order of the County Court of Nassau county entered in the office of the clerk of said county on the 27th day of February, 1915, affirming said conviction.
1Per curiam
On December 12, 1914, at about 7:30 in the evening, defendant was driving a farm wagon with two horses along a public road, running between Oyster Bay and Bayville. A motor car passing along this road met the defendant’s team, which had no lights, so that the two vehicles collided. The shaft of the cart passed through the motor car’s windshield, injuring the driver and another in the car.
The evidence warranted the jury in finding that the accident was because defendant drove on the wrong side of the road.
Was this a violation of section 43 of the Penal Law ? This is the familiar provision…
2Cases cited2 opinions
- Wass v. . StephensNew York Court of Appeals · 1891
- People v. DarraghAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by5 opinions
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- People v. BaylinsonAppellate Division of the Supreme Court of the State of New York · 1924
- People v. Cummings, New York County Courts1961
- People v. DaguiarCriminal Court of the City of New York · 1994
- People v. MarcusAppellate Division of the Supreme Court of the State of New York · 1932