People v. de Gironimo

The information states that defendant “ did commit the crime of speeding in violation of paragraph b of subdivision 1 of section 56 of the Vehicle and Traffic Law by wrongfully, unlawfully, willfully and knowingly operating a motor vehicle on the public highway at a rate of speed exceeding forty miles per hour for a distance greater than one-quarter mile.”

Defendant’s objection to the form of the information was well taken. It omits an essential element of the offense described by section 56. The statute does not prohibit a speed of more than forty miles per hour. It requires operators of…