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138 Misc. 611

People v. Rowe

New York Court of Special Session

Decided December 24, 1930

New York Court of Special Session · decided 1930-12-24

Decided 1930-12-24

Per Curiam.

¶1The ordinance in question fixes twenty miles per hour as a prohibited rate of speed. The defendant was operating his car at a rate of thirty-four miles per hour.

¶2We believe the board of aldermen had the right to fix a prohibited rate of speed, and inasmuch as defendant exceeded that rate, we are obliged to affirm his conviction.

¶3There is no question of recklessly operating a car — it is simply for driving at a prohibited rate of speed. We do not believe we have any right to read into the ordinance any provision which Would require the court to ascertain whether the circumstances made the rate of speed reckless or dangerous.

¶4We agree with the magistrate that a rate of speed exceeding twenty miles is prohibited.

¶5Judgment affirmed.

¶6All concur; present, Freschi, P. J., Fetherston and McInerney, JJ.

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