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People v. Duffy

9 A.D.2d 747 Court N.Y. App. Div. Decision date 1959-11-17 English

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p. 747
The People of the State of New York, Respondent, v. Henry Duffy, Appellant.

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.