People v. Robarge

The defendant was duly charged before a Justice Court with violation of section 58 of the Vehicle and Traffic Law. The jury found him guilty. During the course of the trial it developed that defendant had previously been convicted of reckless driving under said section. Defendant testified to the prior conviction. There was nothing in the information or warrant charging the defendant with violation of the section as a second offender. The court sentenced him, as a second offender, to imprisonment *458in the Jefferson County Jail for a period of six months and to pay a fine of fifty dollars.

Upon…