Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Advocates
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Advocates

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE BELLIZZI, Appellant

MEMORANDUM.

Judgment of conviction is unanimously reversed, on the law, information dismissed and fine remitted.

While the general reliability of radar as a competent speed detection device, while in a stationary position, has long been recognized (People v. Magri, 3 N.Y.2d 562), the reliability of this particular type of unit to accurately measure the speed of an oncoming vehicle while the unit is located in a police car traveling in the opposite direction has not been established. Before such readings can be considered reliable, there must be testimony detailing the operative principles underlying the capability of this type of radar unit to accurately compensate for the relative speeds and directions of the respective vehicles (People v. Mangelberg, NYLJ, Nov. 21, 1977, p. 14, col 5; People v. Lampert, NYLJ, May 31, 1977, p. 14, col 2; cf. People v Sachs, 1 Misc.2d 148, cited with approval in People v. Heyser, 2 N.Y.2d 390).

Concur: FARLEY, P.J., PITTONI and SLIFKIN, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. BELLIZZI
(Nov 18, 1980)