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People v. Cuskley

44 Misc. 2d 436 Court Supreme Court, Appellate Term, Second Department, Decision date 1964-10-14 English

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p. 436
The People of the State of New York, Respondent, v. Kathryn Cuskley, Appellant.
Supreme Court, Appellate Term, Second Department,
October 14, 1964.
p. 437
Charles S. Vaccaro for appellant. William Calm, District Attorney (Jules E. Orenstein of counsel), for respondent.

Defendant’s conviction for passing a parked school bus cannot stand since the People failed to prove, as required by section 375 (subd. 20, par. [a]) of the Vehicle and Traffic Law, that a flashing red signal lamp was affixed on the rear of the bus no more than six inches below the top of the vehicle.

The judgment of conviction should be unanimously reversed on the law, complaint dismissed and fine remitted.

Concur — Hart, Sciiwartrwald and Ritchie, JJ.

Judgment reversed, etc.