People v. Longo
| Decision Date | 22 November 1957 |
| Citation | 9 Misc.2d 171,172 N.Y.S.2d 633 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Joseph F. LONGO, Defendant-Appellant. |
| Court | New York County Court |
J. Chase Leary, Bronxville, as Special Counsel to the Bronxville Police, and Joseph F. Gagliardi, Dist. Atty. of Westchester County, White Plains, for the People.
Longo & Torrisi, and Joseph F. Longo, Mt. Vernon, pro se, for defendant.
The appellant was convicted in the Police Justice's Court of the Village of Bronxville of a violation of the ordinance of that village relating to speed of motor vehicles.
The defendant-appellant asserts many alleged errors in support of his petition for reversal of the conviction, among which are the following:
1. The People did not comply with Section 54 of the Vehicle and Traffic Law, in that no proof was offered as to the size of the lettering on the speed sign; nor was any evidence offered to prove the existence of a terminal sign, as required by said statute, indicating the end of the speed zone.
2. The trial Court erred in taking judicial notice of the size of the lettering on the speed sign in question.
The general responsibility for the safety of our highways is placed upon the State Traffic Commission, which agency after investigation and study permits the establishment of speed zones wherein a speed differing from the general speed rate of the State is established.
Section 54 of the Vehicle and Traffic Law prescribes the powers, the exercise thereof and the manner of enforcement with emphasis on the notices required to be given to the traveler on the highway. In People v. Bordeleau, 208 Misc. 64, 65-66, 142 N.Y.S.2d 872, 873, referring to Section 54, of the Vehicle and Traffic Law, the Court said,
'The size, type lettering and location of signs which must be erected is specifically set forth, as well as the requirements that not only the beginning, but also the end of the speed zone shall be plainly indicated.'
In order to support a conviction of an alleged offender under a 'speed ordinance', strict compliance with all of the requirements of Section 54 of the Vehicle and Traffic Law must be had. In People v. Wadsworth 200 Misc. 1049, at page 1052, 108 N.Y.S.2d 224, at page 227, the Court said,
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