Legal Opinion

People v. Bradfute

New York County Courts

Decided November 18, 1965Published

1Opinion of the CourtRobert J. Trainor, J.

Defendant appeals from a judgment of conviction in violation of section 2-H, village ordinances of the Village of Larchmont (speeding) entered in the Court of Special Sessions, Village of Larchmont, on January 27,1965.

The allegations of error encompass primarily two points.

1. The evidence of speeding was insufficient, and

2. Proof of the speeding ordinance was insufficient.

Considering the second alleged error first, we find that it was the burden of the prosecution to prove, as part of its affirmative case, the enactment and validity of local ordinances restricting speed. A trial court may…

2Cases cited4 opinions

  1. People v. Hilton, New York County Courts1957
  2. People v. Zambito, New York County Courts1959
  3. People v. TravisNew York Court of Appeals · 1931
  4. People v. GoldsteinNassau County District Court · 1964

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