Summary
In People v. Skelly (52 Misc.2d 606), it appeared that defendant had been convicted of a violation of section 600 Veh. Traf. of the Vehicle and Traffic Law.
Summary of this case from People v. KnellerOpinion
October 5, 1966
Appeal from the City Court of the City of Peekskill, Westchester County, CHARLES BLANK, J.
Hersh Tassio for appellant.
Leonard Rubenfeld, District Attorney ( Jerome K. Karver of counsel), for respondent.
Defendant was charged with a violation of section 600 Veh. Traf. of the Vehicle and Traffic Law (leaving the scene of an accident without reporting) in that he failed to give the information required by that statute to the party whose vehicle was damaged. Since the proof establishes without contradiction that neither a police officer nor the party who sustained the damage was present at the scene of the accident, and there is no allegation in the information that defendant did not report the incident "as soon as physically able * * * to the nearest police station, or judicial officer" (§ 600), the judgment of conviction cannot stand.
The judgment of conviction should be reversed on the law and facts, information dismissed and revocation of license rescinded.
SHAPIRO and MARTUSCELLO, JJ., concur; HOGAN, J., dissents and votes to affirm upon the ground that defendant's guilt was established beyond a reasonable doubt.
Judgment reversed, etc.