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Miner v. Sherman

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 23, 1961
12 A.D.2d 1001 (N.Y. App. Div. 1961)

Opinion

February 23, 1961

Appeal from the Ontario Trial Term.

Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.


Judgment and orders unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The verdicts are against the weight of the evidence. However, reversal is required for another reason. After the occurrence which caused plaintiff's injuries, plaintiff Miner swore to an information which charged defendant with a violation of section 45 Nav. of the Navigation Law of the State of New York, in operating his boat at such a speed as to throw plaintiff Miner's boat upon the shore of the Barge Canal, causing injuries to plaintiffs. Defendant pleaded guilty to this information and paid a fine. This violation constituted an offense punishable by fine. Plaintiffs requested a charge, in substance, that the plea of guilty was an admission against interest and could be so considered by the jury. This request was erroneously denied and an exception was taken. After proof of the plea, the defendant should have been allowed to explain his reasons for pleading guilty and the jurors should have been permitted to determine the probative weight and value the plea was entitled to receive. "Thus when [defendant] pleaded guilty to the traffic infractions charged against him, his plea of guilty amounted to a statement or admission by him that he did the act charged. As such, it should be treated like any other admission or confession, and subject to the same rules relating to its weight and effect." ( Ando v. Woodberry, 8 N.Y.2d 165, 168.)


Summaries of

Miner v. Sherman

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 23, 1961
12 A.D.2d 1001 (N.Y. App. Div. 1961)
Case details for

Miner v. Sherman

Case Details

Full title:CLIFFORD MINER, Appellant, v. GEORGE SHERMAN, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 23, 1961

Citations

12 A.D.2d 1001 (N.Y. App. Div. 1961)

Citing Cases

Parker v. Wallace

Plaintiff had brought out by the direct testimony of Magistrate Rogers that Wallace had pleaded guilty to the…

Treat v. Sherman

February 23, 1961 Same decision and like cause of action as in companion case of Miner v. Sherman ( 12 A.D.2d…