General

The People of the State of New York, Respondent, v. Edward Larner, Appellant

285 A.D. 817·New York Supreme Court, Appellate Division·1955·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

The People of the State of New York, Respondent, v. Edward Larner, Appellant. [MAJORITY] Defendant appeals from a judgment of the Court of Special Sessions of the City of New York, Borough of Queens, convicting him of the crime of violating subdivision 5-a of section 70 of the Vehicle and Traffic Law (leaving the scene of an accident), and from the sentence. Judgment reversed on the law and a new trial ordered. Upon the record the People failed to establish defendant’s guilt beyond a reasonable doubt. There was no proof of any damage to complainant’s car, but such proof may be made available on a new trial. No separate appeal lies from the sentence, which has been reviewed on the appeal from the judgment. Nolan, P. J., Wenzel, MaeCrate, Schmidt and Murphy, JJ., concur.