From Casetext: Smarter Legal Research

People v. Travis

Court of Appeals of the State of New York
Nov 17, 1931
178 N.E. 762 (N.Y. 1931)

Opinion

Argued October 12, 1931

Decided November 17, 1931

Appeal from the Broome County Court.

David Lavene and Harry S. Travis for appellant.

Frank L. Wooster, District Attorney ( Walter H. Parker of counsel), for respondent.


The ordinance adopted by the village of Port Dickinson on April 7, 1924, limiting the speed of motor vehicles to one mile in three minutes, did not take effect as law until an official copy had been on file thirty days with the State Tax Commission (Highway Law; Cons. Laws, ch. 25, § 288, as amd. by L. 1921, ch. 580).

The People were under a duty to establish the filing of such a copy in accordance with the statute, and their case against the defendant was insufficiently made out upon the trial in that evidence of filing was omitted, though the omission was brought to the notice of the trial court

Even so, the People are at liberty in support of the judgment of conviction to supply record evidence which, if offered at the trial, could not have been overcome ( People v. Flack, 216 N.Y. 123).

This they have now done by submitting evidence to this court that a copy of the ordinance was filed in the Bureau of Motor Vehicles of the State Tax Commission on April 17, 1924.

The Bureau of Motor Vehicles became a branch of the State Tax Commission on March 16, 1921 (Tax Law; Cons. Laws, ch. 60, § 179-b; L. 1921, ch. 90, § 8; cf. Highway Law, § 288, as amd. by L. 1921, ch. 580, and Highway Law, § 280, as amd. by L. 1924, ch. 360, and L. 1927, ch. 458).

The offense complained of was committed on March 17, 1930.

The judgment should be affirmed.

CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.

Judgment affirmed.


Summaries of

People v. Travis

Court of Appeals of the State of New York
Nov 17, 1931
178 N.E. 762 (N.Y. 1931)
Case details for

People v. Travis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY TRAVIS, Appellant

Court:Court of Appeals of the State of New York

Date published: Nov 17, 1931

Citations

178 N.E. 762 (N.Y. 1931)
178 N.E. 762

Citing Cases

People v. Martin

The assistant district attorney requested permission to add this certificate to the appeal record for the…

People v. Martin

The assistant district attorney requested permission to add this certificate to the appeal record for the…