People v. Schwartz

By this application in the nature of coram nobis the defendant seeks to set aside a judgment of conviction and sentence. The information charged that the defendant, in violation of .subdivision 4 of section 1180 of the Vehicle and Traffic Law had, on October 30, 1960, exceeded the speed limit established by the New York State Traffic Commission. On January 11,1961 the defendant was, after trial, found guilty and fined $10. The time to appeal has long since expired.

The defendant relies on People v. Cull (10 N Y 2d 123), decided by the Court of Appeals on July 7, 1961, which held that the…