People v. Wyner

Defendant has been convicted of violating subdivision 5 of section 70 of the Vehicle and Traffic Law, in the Court of Special Sessions of the Village of Pelham Manor after a trial without a jury. He was fined $100, his license was revoked and a ten-day jail sentence was imposed. He appeals to this court alleging insufficiency of evidence, reversible errors committed at the trial and that the sentence was excessive.

The record discloses sufficient evidence to sustain the conviction. There was a sharp conflict as to whether defendant was the operator of the automobile. This presented a question…