Opinion
December 2, 1958
Appeal from the Court of Special Sessions, Columbia County, WILLIAM N. KELLER, J.P.
Sol Rubenstein for appellant.
John N. McLaren, District Attorney, for respondent.
The judgment of conviction hereby appealed from is reversed for the reason that neither upon the trial nor upon the appeal did the People prove that no speed greater than 50 miles per hour was permitted by the State Traffic Commission at the point where the alleged speeding took place. This fact must not only be alleged, but must be proved. ( People v. Smith, 192 Misc. 965, affd. 299 N.Y. 707.)