People v. Odermatt

The defendant is charged with a violation of subdivision 4 of section 385 of the Vehicle and Traffic Law in that a tractor and trailer operated by him exceeded a total length of 50 feet.

Defendant’s motions at the close of the People’s case, and at the close of the entire case, are predicated primarily on the failure of the prosecution to plead and prove a negative, namely, that the vehicles were not owned by a corporation subject to the regulatory commissions mentioned in the act and used in the construction, reconstruction, repair and maintenance of its properties and facilities. The…