People v. Plunket

Appeal from a judgment of the Ithaca City Court (Clyhes, J.) convicting appellant of violation of section 1143 of the Vehicle and Traffic Law on May 5, 1970,

The conviction is reversed on the law and the facts. The People have failed to prove defendant guilty beyond a reasonable doubt as a matter of law and the complaint is dismissed. (People v. Nappi, 18 N Y 2d 136; Code Crim. Pro., §§ 543-a, 764.) Pine is remitted.

Defendant has appealed to this court asserting error of the trial court and that defendant was not proved guilty of the charge beyond a reasonable doubt.

Section 1143 is one of the…