People v. Lathrop

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS LATHROP…

Court: Court of Appeals of the State of New York

Date published: Jan 16, 1958

3 N.Y.2d 551 (N.Y. 1958)

170 N.Y.S.2d 326

147 N.E.2d 722

Opinion

Argued October 24, 1957

Decided January 16, 1958

Appeal from the Appellate Division of the Supreme Court in the fourth judicial department, M.W. SULLIVAN, J.

P. Sidney Hand for appellant.

Arthur W. Wilson, District Attorney ( A. Edward Abelson of counsel), for respondent.

Per Curiam.

There is ample evidence in the record to establish that section 54 of the Vehicle and Traffic Law was substantially complied with by the placement of speed signs in such a manner and at such locations as to afford this defendant fair notice of the limits of speed within the village (see People v. Burmann, 307 N.Y. 871). Proof of the presence or absence of exit speed signs would have no bearing on defendant's conviction for the speeding violation which was committed within the village limits.

The question as to the validity of that portion of the ordinance which provides that an offender shall be a disorderly person and that the violation of the ordinance shall constitute disorderly conduct need not be determined here since defendant was not found to be, nor punished as, a disorderly person. Nevertheless, assuming that such part of the ordinance was invalid as alleged, the portion of the ordinance under which defendant was convicted and fined is severable and enforcible despite the invalidity of the section referred to (see People ex rel. Alpha Portland Cement Co. v. Knapp, 230 N.Y. 48, 60; Bronx Gas Elec. Co. v. Maltbie, 268 N.Y. 278, 292; People v. Mancuso, 255 N.Y. 463, 473; Teeval Co. v. Stern, 301 N.Y. 346, 368).

The judgment of the County Court, Onondaga County, should be affirmed.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

Judgment affirmed.