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People v. Devoe

Court of Appeals of the State of New York
Dec 13, 1927
246 N.Y. 636 (N.Y. 1927)

Summary

In People v. Devoe (246 N.Y. 636) this court said that though merely driving in excess of the speed stated in the Highway Law, section 287, subdivision 2, may not in and of itself constitute the crime of reckless driving under Highway Law, section 287-b, yet the evidence in that case, considering all the circumstances, presented a question of fact for the court.

Summary of this case from People v. Grogan

Opinion

Submitted November 23, 1927

Decided December 13, 1927

Appeal from the Nassau County Court.

Herbert A. O'Brien for appellant.

Elvin N. Edwards, District Attorney ( Charles I. Wood and Richard H. Brown of counsel), for respondent.


Judgment affirmed. Held that though merely driving in excess of the speed stated in Highway Law, section 287, subdivision 2, may not in and of itself constitute the crime of reckless driving under Highway Law, section 287-b, yet the evidence in this case that defendant was driving at the rate of forty-six miles an hour at the place and in the circumstances described, does supply a basis for an inference by the trier of the facts of the commission of said offense.

Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.


Summaries of

People v. Devoe

Court of Appeals of the State of New York
Dec 13, 1927
246 N.Y. 636 (N.Y. 1927)

In People v. Devoe (246 N.Y. 636) this court said that though merely driving in excess of the speed stated in the Highway Law, section 287, subdivision 2, may not in and of itself constitute the crime of reckless driving under Highway Law, section 287-b, yet the evidence in that case, considering all the circumstances, presented a question of fact for the court.

Summary of this case from People v. Grogan

In People v. Devoe (246 N.Y. 636, 637) the court further said: "The evidence in this case that the defendant was driving at the rate of forty six miles an hour at the place and in the circumstances * * * does supply a basis for an inference by the trier of the facts of the commission of said offense."

Summary of this case from People v. Mason

In People v. Devoe (246 N.Y. 636, 637) the court further said: "The evidence in this case that the defendant was driving at the rate of forty six miles an hour at the place and in the circumstances * * * does supply a basis for an inference by the trier of the facts of the commission of said offense."

Summary of this case from People v. Mason
Case details for

People v. Devoe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS DEVOE…

Court:Court of Appeals of the State of New York

Date published: Dec 13, 1927

Citations

246 N.Y. 636 (N.Y. 1927)
159 N.E. 682

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