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People v. Hemleb

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1957
4 A.D.2d 878 (N.Y. App. Div. 1957)

Opinion

October 14, 1957


Appeal from a judgment of a City Magistrate, holding a Court of Special Sessions in the City of New York, Borough of Queens, convicting appellant of operating a motor vehicle while intoxicated, and sentencing him to pay a fine of $100. The fine was paid. Judgment reversed on the law and the facts, information dismissed, and fine remitted. There is no proof in the record that appellant operated the motor vehicle while intoxicated, other than his ambiguous admission, made while intoxicated, that he had been driving the car. In the absence of additional proof as to operation, this conviction may not stand (Code Crim. Pro., § 395; People v. Strauss, 260 App. Div. 880; People v. Cuozzo, 292 N.Y. 85; People v. Shanks, 201 Misc. 511, affd. 279 App. Div. 1082). Nolan, P.J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.


Summaries of

People v. Hemleb

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1957
4 A.D.2d 878 (N.Y. App. Div. 1957)
Case details for

People v. Hemleb

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES HEMLEB…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 1957

Citations

4 A.D.2d 878 (N.Y. App. Div. 1957)

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