People v. Saalfield
| Citation | 252 N.Y.S.2d 320,200 N.E.2d 862,14 N.Y.2d 915 |
| Parties | , 200 N.E.2d 862 The PEOPLE, etc., Respondent, v. John H. SAALFIELD, Appellant. |
| Decision Date | 10 July 1964 |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Erie County Court.
Defendant was convicted of driving a motor vehicle across a double line marking consisting of a solid line and a broken line in violation of subdivision (a) of Section 1126 of the Vehicle and Traffic Law, Consol.Laws, c. 71. The Court of Special Sessions held by a police justice of the Village of Gowanda, Roger E. Pyle, Acting P. J., entered judgment, and the defendant appealed.
The Erie County Court affirmed the judgment.
The defendant appealed to the Court of Appeals by permission of the Chief Judge of the Court of Appeals, contending that the police justice erred in denying defendant's motion for a verbatim record and in failing to keep full and accurate minutes of the trial, and that the conviction could not stand because police officer was not sworn before testifying, and that the People failed to prove each and every element of the offense charged.
Kysor & Della Posta, Gowanda (Frank P. Della Posta, Gowanda, of counsel), for appellant.
Michael F. Dillon, Buffalo (Arthur G. Baumeister, Buffalo, of counsel; Theodore S. Kasler, Buffalo, of counsel on the brief), for respondent.
Judgment reversed and a new trial ordered in the following memorandum:
The Justice of the Peace is required, during the course of a trial before him, to keep some record thereof, no matter how informal, so as to insure a proper review on appeal (People v. Giles, 152 N.Y. 136, 140, 46 N.E. 326; People v. Wilkins, 281 N.Y. 224, 225, 22 N.E.2d 349). This is especially so in a case such as the one at bar, wherein the defendant made a specific request that a record of the proceedings be kept.
All concur.
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