Summary
In People v. Fiore (9 Misc.2d 468) the court there reversed a conviction under the same circumstances and held that it was a reversible error for the court to look at the license before conviction. Furthermore, the court said that such practice should be scrupulously avoided since it is a clear violation of the defendant's rights.
Summary of this case from People v. PattonOpinion
December 6, 1957
Appeal from the Magistrates' Court of the City of New York, Borough of The Bronx, FRANCIS X. O'BRIEN, J.
Maurice W. Spiegel for appellant.
Milton Altschuler, District Attorney ( Daniel V. Sullivan of counsel), for respondent.
Appellant was convicted of speeding. At the conclusion of the testimony and after both sides had rested, the trial court examined appellant's driver's license which was not in evidence and commented on previous traffic violations therein set forth.
It was reversible error for the court to look at the license before conviction. Such practice should be scrupulously avoided in the future, since it is a clear violation of defendant's rights.
We do not say that the decision would have been different if the Magistrate had not seen the defendant's license before rendering his decision. Suffice it to say that the case is criminal in nature and all the safeguards in such cases should be observed.
The judgment of conviction should be reversed and new trial ordered.
KOZICKE, HELLER and ROSSBACH, JJ., concur.
Judgment reversed, etc.