Opinion
Argued May 29, 1963
Decided July 10, 1963
Appeal from the Court of Special Sessions of the City of New York, Appellate Part, in the Second Judicial Department, BENJAMIN SCHORR, M.
Allan Sturim for appellant.
Frank D. O'Connor, District Attorney ( Eugene Feldman of counsel), for respondent.
Judgment reversed, complaint dismissed and the fine remitted upon the ground that on this record the speeding charge of which appellant has been convicted was a necessary element in the conviction of reckless driving on his earlier plea of guilty. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and FOSTER. Judges DYE and SCILEPPI dissent and vote to affirm.