Legal Opinion

People v. Dusing

New York Court of Appeals

Decided January 8, 1959PublishedCited by 29 opinions

1Opinion of the CourtDesmond, J.

Defendant’s conviction in City Court of Buffalo on an automobile speeding charge (Buffalo City Ordinances, oh. 60, § 14, subd. 3) was reversed by an order which, since it does not specify “ on the law ” or “on the facts ”, must be considered a reversal on the law alone (Code Crim. Pro., § 543-a, subd. 4). The appellate court in its opinion rejected as insufficient the two types of proof offered to prove speeding. The proof of a radar reading was ruled out because, although there was some showing of a test of the radar equipment, there was no indication that the automobile speedometer against…

2Cases cited4 opinions

  1. People v. HeyserNew York Court of Appeals · 1957
  2. Senecal v. DrolletteNew York Court of Appeals · 1952
  3. Salter v. . Utica and Black River Railroad CompanyNew York Court of Appeals · 1874
  4. Fisher v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903

3Cited by29 opinions

  1. Hallmark v. EldridgeNevada Supreme Court · 2008
  2. Commonwealth v. WhynaughtMassachusetts Supreme Judicial Court · 1979
  3. People v. AbdallahAppellate Court of Illinois · 1967
  4. State v. GerdesSupreme Court of Minnesota · 1971
  5. People v. BarbicAppellate Court of Illinois · 1969

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