Opinion
October 14, 1964
Appeal from the District Court of the County of Nassau, WILLIS B. CARMAN, J.
Charles S. Vaccaro for appellant.
William Cahn, District Attorney ( Jules E. Orenstein of counsel), for respondent.
Defendant's conviction for passing a parked school bus cannot stand since the People failed to prove, as required by section 375 (subd. 20, par. [a]) of the Vehicle and Traffic Law, that a flashing red signal lamp was affixed on the rear of the bus no more than six inches below the top of the vehicle.
The judgment of conviction should be unanimously reversed on the law, complaint dismissed and fine remitted.
Concur — HART, SCHWARTZWALD and RITCHIE, JJ.
Judgment reversed, etc.