People v. Sandner

Appeal from a judgment of Special Sessions convicting the defendant of a violation of section 58 of the Vehicle and Traffic Law. This is not a “ traffic infraction ” (Vehicle and Traffic Law, § 2, subd. 29), but is expressly declared to be a mis*42demeanor. It is, therefore, not a minor offense to be dealt with summarily by a magistrate but a crime of the grade of misdemeanor prosecuted upon information in a Court of Special Sessions. (People v. Grogan, 260 N. Y. 138, 142.)

The evidence necessary to sustain a conviction must show something more than mere error of judgment or the mere fact that an…