PEOPLE v. FIORE


9 Misc.2d 468 (1957)

The People of the State of New York, Respondent, v. Emil Fiore, Appellant.

Court of Special Sessions of the City of New York, Appellate Part, First Department.

December 6, 1957.


Attorney(s) appearing for the Case

Maurice W. Spiegel for appellant.

Milton Altschuler, District Attorney (Daniel V. Sullivan of counsel), for respondent.

KOZICKE, HELLER and ROSSBACH, JJ., concur.


Per Curiam.

Appellant was convicted of speeding. At the conclusion of the testimony and after both sides had rested, the trial court examined appellant's driver's license which was not in evidence and commented on previous traffic violations therein set forth.

It was reversible error for the court to look at the license before conviction. Such practice should be scrupulously avoided in the future, since it is a clear violation of defendant's rights...

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