Legal Opinion · Dissent

People v. Hildebrandt

New York Court of Appeals

Decided April 14, 1955Published

1DissentFuld, J.

In People v. Rubin (284 N. Y. 392), this court upheld the defendant’s conviction for illegal parking solely on proof that he was the owner of the automobile, and I perceive no reasonable or sound basis for not applying the principle of that case to the one before us. Proof of ownership of a vehicle, the court there decided, constitutes ‘ ‘ sufficient basis for an inference of personal conduct ”, even though no statute so provides and justifies the conclusion that it was “ the owner * * * [who] controlled the car and personally violated the regulation ” (284 N. Y., at pp. 396-397).

Whether we…

2Cases cited12 opinions

  1. Tot v. United StatesSupreme Court of the United States · 1943
  2. In Re the Estate of FindlayNew York Court of Appeals · 1930
  3. People v. . GalboNew York Court of Appeals · 1916
  4. Potts v. . PardeeNew York Court of Appeals · 1917
  5. Knickerbocker v. . the PeopleNew York Court of Appeals · 1870

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