People v. O'Malley
| Decision Date | 10 May 1962 |
| Citation | 228 N.Y.S.2d 828,183 N.E.2d 229,11 N.Y.2d 943 |
| Parties | , 183 N.E.2d 229 The PEOPLE, etc., Respondent, v. Edward J. O'MALLEY, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Special Term, Erie County, 31 Misc.2d 1024, 221 N.Y.S.2d 87.
The defendant was convicted in the City Court of Buffalo, William G. Heffron, J., of exceeding the posted speed limit on the thruway in Buffalo in violation of a regulation promulgated by the Thruway Authority, and the defendant appealed.
The Supreme Court, Special Term, Erie County, Hamilton Ward, J., 31 Misc.2d 1024, 221 N.Y.S.2d 87, affirmed the judgment and held that regulation providing that speed in excess of specified speed or posted speed limit, which is less than scheduled maximum speed, shall be unlawful, is clear and within statutory power granted to Thruway Authority by Public Authorities Law, Consol.Laws, c. 43-A, § 361 and Vehicle and Traffic Law, Consol.Laws, c. 71, § 1630.
The defendant appealed to the Court of Appeals.
Norman F. Walawender, Buffalo, for appellant.
Carman F. Ball, Buffalo (Dewey E. Ertell, Jr., Buffalo, of counsel), for respondent.
Judgment affirmed.
All concur.
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