Summary
In People v. DeLeyden (10 N.Y.2d 293) we upheld, on other grounds, a speeding conviction predicated solely on the opinion evidence of a police officer.
Summary of this case from People v. OlsenOpinion
Argued October 12, 1961
Decided October 19, 1961
Appeal from the County Court of Erie County, ROBERT C. SANBORN, J.P.
Carman F. Ball, District Attorney ( Leonard F. Walentynowicz of counsel), for appellant. Daniel J. Kij for respondent.
It was not an abuse of discretion, in this speeding case, for the Justice of the Peace to permit the reopening of the People's case. We further hold that in this nonjury trial, which was prosecuted by a Deputy Sheriff, it was not error for the Justice to question the witness in order to elicit sufficient facts to enable him to reach a decision (see People v. Mendes, 3 N.Y.2d 120, 121; People v. Bilanchuk, 280 App. Div. 180, 182-183).
The order appealed from should be reversed, the information reinstated, and the matter remitted to the County Court for consideration of the other grounds urged by defendant in that court.
Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.
Order reversed, etc.