People v. Foster

Defendant was charged with driving at a speed in excess of 50 miles per hour, in violation of section 1180 (subd. [b]) of the Vehicle and Traffic Law. Following a trial, without a jury, in a Court of Special Sessions held by a Village Justice of the Village of Cayuga Heights, he was convicted and fined $35. On appeal to the County Court, the conviction was reversed. The People now appeal.

The primary question on this appeal is what proof is necessary to establish the violation of section 1180 (subd. [b]) of the Vehicle and Traffic Law. Section 1180 (subd. [b]), as in force at the time of…