People v. Katz
| Decision Date | 06 March 1954 |
| Citation | 205 Misc. 522 |
| Parties | The People of the State of New York, Plaintiff,<BR>v.<BR>Seymour L. Katz, Defendant. |
| Court | New York District Court |
Raymond J. Hannon, Corporation Counsel (Joseph Boland of counsel), for plaintiff.
David Friedman for defendant.
The defendant is charged with the operation of his automobile upon Tuckahoe Road, a public thoroughfare, in the city of Yonkers, N. Y., at a speed in excess of that permitted on said street by local ordinance.
Evidence to substantiate the charge was offered by two members of the Yonkers police department and one Dr. John M. Kopper, who qualified as an expert and is an electrical engineer, teacher and research worker in the field of electrical installation and automatic control at the Johns Hopkins University in Baltimore, Maryland. The device used to record the speed of the defendant's automobile is an electromatic speedometer more commonly known as a radar speedometer. The expert testified in detail regarding its construction and by means of diagrams, charts and formulas explained its operation and the principle involved in determining the speed of moving vehicles. He also testified that the operator of the recording equipment can tell when it is "out of calibration" and may "quite easily" determine when the machine is not working properly.
The testimony of the police officers disclosed that one of them was in a "Radar Car" containing the electromatic speedometer and the other officer was stationed some distance away and on the same road in what is termed the "Pick-up" car. The officers were able to communicate with each other by three-way radio. When the defendant's automobile passed through the beam of electric energy emitted by the transmitter in the radar car, the police officer therein observed the recording dial and noted the speed to be in excess of that permitted under the ordinance. He thereupon communicated a description of the defendant's automobile to the pickup officer and saw the latter stop the defendant's car. The pickup officer testified that he then handed the defendant a summons for speeding.
At the conclusion of the People's case the defendant rested and moved for a dismissal of the information upon the ground that the evidence was insufficient to establish the guilt of the defendant beyond a reasonable doubt — decision on the motion was reserved.
It seems that the only reported similar case to date in this State is that of People v. Offerman (204 Misc. 769), wherein the Appellate Court...
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State v. Graham
...1955, 1 Misc.2d 148, 147 N.Y.S.2d 801; A--City of East Cleveland v. Ferell, Ohio App.1957, 145 N.E.2d 134; A--People on Inf. of Laibowitz v. Katz, 1954, 205 Misc. 522, 129 N.Y.S.2d 8; A--People on Complaint of Igoe v. Nasella, City Mag.Court, 1956, 3 Misc.2d 418, 155 N.Y.S.2d 463; A--see Pe......
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State v. Dantonio
...N.Y.S.2d 179 (Sup.Ct.1953); People of City of Rochester v. Torpey, 204 Misc. 1023, 128 N.Y.S.2d 864 (Cty.Ct.1953); People v. Katz, 205 Misc. 522, 129 N.Y.S.2d 8 (Sp.Sess.1954); People v. Sarver, 205 Misc. 523, 129 N.Y.S.2d 9 (Sp.Sess.1954); People of City of Buffalo v. Beck, 205 Misc. 757, ......
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People on Complaint of Igoe v. Nasella
...testing radar equipment and its employment for measuring traffic speed have been considered by courts and textwriters. People v. Katz, 205 Misc. 522, 129 N.Y.S.2d 8; People v. Sarver, 205 Misc. 523, 129 N.Y.S.2d 9; People v. Sachs, 1 Misc.2d 148, 147 N.Y.S.2d 801; State v. Dantonio, supra; ......
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People v. Seger
...supra, appeared a long line of cases involving radar, City of Rochester v. Torpey, 204 Misc. 1023, 128 N.Y.S.2d 864; People v. Katz., 205 Misc. 522, 129 N.Y.S.2d 8; People v. Sarver, 205 Misc. 523, 129 N.Y.S.2d 9; City of Buffalo v. Beck, 205 Misc. 757, 130 N.Y.S.2d 354; People v. Sacks, 1 ......