People v. Baur

OPINION OF THE COURT

Ralph Yachnin, J.

A question, simple to present, yet most baffling to determine is presented to this court, i.e., whether a statutory clause is a *972"true exception”, thus requiring the People to plead and prove it or whether the clause is a phrase or proviso not requiring such proof.

The defendant is charged with speeding in violation of subdivision (b) of section 1180 of the Vehicle and Traffic Law. At the trial, the People failed to offer any evidence to the effect that the defendant’s vehicle was not an emergency vehicle and that defendant was not acting in accordance with…