People v. Duffy

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY DUFFY, Appellant

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

Date published: Nov 17, 1959

9 A.D.2d 747 (N.Y. App. Div. 1959)

Opinion

November 17, 1959

Judgment affirmed.

Concur — Botein, P.J., Rabin, M.M. Frank and Stevens, JJ.; McNally, J., dissents in the following memorandum:

I dissent and vote to reverse the judgment of conviction and to dismiss the information on the ground that the guilt of defendant was not established beyond a reasonable doubt in view of the clinical findings and of the manner in which the motor vehicle was operated prior to the arrest of the appellant.