Opinion · Nylaw New York

PEOPLE v. BOULWARE, 283 App. Div. 731 (1954)

283 App. Div. 731

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1954-02-08
Topic: general

PEOPLE v. BOULWARE, 283 App. Div. 731 (1954) THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BUCHANAN BOULWARE,Appellant.Appellate Division of the Supreme Court of New York, Second Department. February 8, 1954.

Citator

UpLaw has not yet analyzed PEOPLE v. BOULWARE, 283 App. Div. 731 (1954). The absence of a flag is not a finding that it is good law.

PEOPLE v. BOULWARE,283 App. Div. 731(1954)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BUCHANAN BOULWARE,

Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

February 8, 1954.

Appeal from County Court, Westchester County.

Judgment affirmed. No opinion. No separate appeal lies from the sentence or from the orders denying motions to set aside the verdict and in arrest of judgment, which have been reviewed on the appeal from the judgment of conviction. Schmidt, Beldock and Murphy, JJ., concur; Adel, Acting P.J., and Wenzel, J., dissent and vote to reverse the judgment of conviction and to dismiss the indictment on the ground that the proof fails to establish, by evidence beyond a reasonable doubt, that the defendant operated his automobile in a reckless and culpably negligent manner thereby causing the collision.