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People v. Domagala

County Court, Erie County
Oct 8, 1924
123 Misc. 757 (N.Y. Cnty. Ct. 1924)

Summary

In People v. Domagala (123 Misc. 757), the defendant was observed attempting to start his motor vehicle six times and every time he attempted to put it into gear, his motor stalled.

Summary of this case from People v. Prescott

Opinion

October 8, 1924.

William J. Bullion, for the appellant.

Guy B. Moore, district attorney ( William H. Hartzberg, assistant district attorney, of counsel), for the respondent.


From a judgment of conviction for violating section 290, subdivision 3, of the Highway Law, which reads as follows, "Whoever operates a motor vehicle while in an intoxicated condition shall be guilty of a misdemeanor," an appeal has been taken to this court.

About three-thirty P.M. two police officers found the respondent, in an intoxicated condition, in his automobile, which was parked directly across the street, with the front wheels squarely against the curb.

It is obvious that the judgment of conviction must stand or fall upon the construction given to the word "operate." Having in mind the meaning given to "operate." in similar cases, the following definitions are applicable in this case: "To put in action and supervise the working of: as to operate a machine" (29 Cyc. 1496; Standard Dict.); "cause to move or perform the acts desired; as to operate a machine" (Cent. Dict.); "to bring about a specified result." 29 Cyc. 1496.

The respondent started his motor six different times, and every time, when he attempted to throw it into gear, the motor stalled. Counsel for the respondent insists that the law was not violated until or unless the automobile was moved along the street. This claim is clearly untenable. Under any of the above definitions, the respondent began to violate the law the instant he began to manipulate the machinery of the motor for the purpose of putting the automobile into motion. The fact that the motor was not powerful enough to force the automobile over the curb without stopping is no defense.

The judgment of conviction is affirmed. Let an order be entered accordingly.

Ordered accordingly.


Summaries of

People v. Domagala

County Court, Erie County
Oct 8, 1924
123 Misc. 757 (N.Y. Cnty. Ct. 1924)

In People v. Domagala (123 Misc. 757), the defendant was observed attempting to start his motor vehicle six times and every time he attempted to put it into gear, his motor stalled.

Summary of this case from People v. Prescott

In People v. Domagala, 206 N.Y.S. 288, it was held that the starting of the motor for the purpose of putting the automobile into motion constituted operation of the automobile within the meaning of the applicable statute.

Summary of this case from Bomes v. Crowley

In People v. Domagala, 123 Misc. 757, 206 N.Y. S., 288, it was held that the mere starting of the motor of a vehicle was sufficient to constitute its operation, notwithstanding it was parked with front wheels against the curb and never put in motion.

Summary of this case from State v. Roberts

In People v. Domagala, 123 Misc. 757, 206 N.Y.S. 288 (1924), the defendant had started his motor but his car stalled; it never moved because front wheels were against the curb.

Summary of this case from State v. Pritchett

In People v Domagala (123 Misc. 757 [Erie County 1924]), the defendant was seated behind the wheel in a car parked at the curb of a street.

Summary of this case from People v. Khan

In People v. Domagala (123 Misc. 757) the court held that starting a motor for the purpose of putting an automobile into motion constituted "operation."

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

People v. Domagala

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v . JOSEPH DOMAGALA…

Court:County Court, Erie County

Date published: Oct 8, 1924

Citations

123 Misc. 757 (N.Y. Cnty. Ct. 1924)
206 N.Y.S. 288

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