People v. Truax

Defendant was convicted in Justice’s Court of speeding in violation of subdivision 1 of section 56 of the Vehicle and Traffic Law.

He appealed, alleging that the evidence was insufficient to show that he was the driver of the automobile and to show that there was undue speed.

As to the first ground of appeal, a supplemental return has been filed which this court, in the interests of justice, accepts under section 758 of the Code of Criminal Procedure. The return as supplemented shows that defendant admitted that he was driving the automobile.

As to the second ground of appeal, the evidence shows…