People v. Sisson

The defendant was arrested on April 5, 1958, charged with violation of subdivision 1 of section 15 of the Vehicle and Traffic Law (inadequate muffler) and section 95-b (crossing white solid line or lines). On the trial, the only testimony of inadequacy of the muffler was the statement of the State trooper that the noise from the exhaust of the *19defendant’s ear was loud or excessively loud. There was no proof that the muffler was not in proper working order, that it was defective or used a ‘ ‘ cutout ’ ’.

This court concurs with the opinion of Honorable William E. J. CorrrroB, expressed in…