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. GroganOpinion
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.