People v. Smallwood

CourtNew York Court of Special Sessions
Writing for the CourtJ. WEBB L. SHEEHY
Citation277 N.Y.S.2d 429,52 Misc.2d 1027
PartiesPEOPLE of the State of New York, Plaintiff, v. Edward C. SMALLWOOD Defendant.
Decision Date14 February 1967

Page 429

277 N.Y.S.2d 429
52 Misc.2d 1027
PEOPLE of the State of New York, Plaintiff,
v.
Edward C. SMALLWOOD Defendant.
Court of Special Sessions of Town of Irondequoit, Monroe County.
Feb. 14, 1967.

Page 430

John C. Little, Jr., Dist. Atty., William G. Servis, Rochester, of counsel, for the People.

Edward C. Smallwood, in pro. per.

DECISION

[52 Misc.2d 1028] J. WEBB L. SHEEHY, Justice of the Peace.

The defendant was arrested in the Town of Irondequoit, January 7, 1967, while operating a motorcycle and was charged with the violation of the Vehicle and Traffic Law, Section 381, subd. 6. The defendant, pursuant to the summons served upon him appeared, January 10, 1967, pleaded not guilty, deposited $5.00 bail and the case was adjourned to January 17, 1967 for trial. Upon the trial, it was testified by New York State Trooper R. A. Endres that the defendant was wearing a knitted-ski-type hat with no chin or neck strap and no reflectors. The defendant, who was not represented by attorney, testified that the People's evidence was substantially correct and that he was not wearing a hard hat, sometimes known as a protective helmet, but raised the question that the particular sub-section of this Section of the Vehicle and Traffic Law was unconstitutional. This Court adjourned the case to January 31, 1967 for decision, at which time it was again adjourned until February 14, 1967 for decision.

The Vehicle and Traffic Law, Section 381, designated 'Motorcycle Equipment', subd. 6, reads as follows:

'It shall be unlawful, on and after January first, nineteen hundred sixty-seven, for any person to operate or ride upon a motorcycle unless he wears a protective helmet of a type approved by the commissioner. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof. The commissioner is hereby authorized and empowered to adopt and amend regulations covering the types of helmets and the specification therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder'.

The purpose of this statute is stated by a Committee appointed by the Commissioner of Motor Vehicles in 1965 to be the imposition of certain requirements for the equipment of motorcycles and the riders thereof and was drafted based on certain statistics elicited from the accident and registration records of motorcycles and their operators in an enlightened attempt, in the drafting of the...

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12 practice notes
  • Com. v. Kautz
    • United States
    • Superior Court of Pennsylvania
    • April 4, 1985
    ...argues that the statute is unconstitutionally vague and must be stricken as void. The case appellant cites, People v. Smallwood, 52 Misc.2d 1027, 277 [341 Pa.Super. 381] N.Y.S.2d 429 (1967), has itself been overruled. See People v. Schmidt, 54 Misc.2d 702, 283 N.Y.S.2d 290 (1967). Further, ......
  • State v. Fetterly
    • United States
    • Supreme Court of Oregon
    • July 25, 1969
    ...165 N.W.2d 377 (1969). Contra: American Motorcycle Association v. Davids, 11 Mich.App. 351, 158 N.W.2d 72 (1968); People v. Smallwood, 52 Misc.2d 1027, 277 N.Y.S.2d 429 (Sp.Sess.Ct. 1967). For comparison purposes see Illinois v. Fries, Ill., 250 N.E.2d 149 We hold that the statute was withi......
  • State v. Eckblad, No. 74109-3.
    • United States
    • United States State Supreme Court of Washington
    • October 14, 2004
    ...see also Wasserstrom, supra, § 7, at 643 (listing eight more states that have reached same conclusion); but see People v. Smallwood, 52 Misc.2d 1027, 1030, 277 N.Y.S.2d 429 (1967) (holding that statute requiring the wearing of a helmet approved by a state official was too vague); but cf. Pe......
  • Elliott v. City of Oklahoma City, No. A-15491
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • April 15, 1970
    ...(decided May 28, 1969) 2; Everhardt v. City of New Orleans, La., La.App., 208 So.2d 423 (decided March 4, 1968) 3; People v. Smallwood, 52 Misc.2d 1027, 277 N.Y.S.2d 429 (decided February 14, 1967) 4; and People v. Carmichael, 53 Misc.2d 584, 279 N.Y.S.2d 272 (decided April 16, 1967) These ......
  • Request a trial to view additional results
12 cases
  • Com. v. Kautz
    • United States
    • Superior Court of Pennsylvania
    • April 4, 1985
    ...argues that the statute is unconstitutionally vague and must be stricken as void. The case appellant cites, People v. Smallwood, 52 Misc.2d 1027, 277 [341 Pa.Super. 381] N.Y.S.2d 429 (1967), has itself been overruled. See People v. Schmidt, 54 Misc.2d 702, 283 N.Y.S.2d 290 (1967). Further, ......
  • State v. Fetterly
    • United States
    • Supreme Court of Oregon
    • July 25, 1969
    ...165 N.W.2d 377 (1969). Contra: American Motorcycle Association v. Davids, 11 Mich.App. 351, 158 N.W.2d 72 (1968); People v. Smallwood, 52 Misc.2d 1027, 277 N.Y.S.2d 429 (Sp.Sess.Ct. 1967). For comparison purposes see Illinois v. Fries, Ill., 250 N.E.2d 149 We hold that the statute was withi......
  • State v. Eckblad, No. 74109-3.
    • United States
    • United States State Supreme Court of Washington
    • October 14, 2004
    ...see also Wasserstrom, supra, § 7, at 643 (listing eight more states that have reached same conclusion); but see People v. Smallwood, 52 Misc.2d 1027, 1030, 277 N.Y.S.2d 429 (1967) (holding that statute requiring the wearing of a helmet approved by a state official was too vague); but cf. Pe......
  • Elliott v. City of Oklahoma City, No. A-15491
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • April 15, 1970
    ...(decided May 28, 1969) 2; Everhardt v. City of New Orleans, La., La.App., 208 So.2d 423 (decided March 4, 1968) 3; People v. Smallwood, 52 Misc.2d 1027, 277 N.Y.S.2d 429 (decided February 14, 1967) 4; and People v. Carmichael, 53 Misc.2d 584, 279 N.Y.S.2d 272 (decided April 16, 1967) These ......
  • Request a trial to view additional results

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