
    The People of the State of New York, Respondent, v. Jacob M. Lomazow, Appellant.
    Court of Special Sessions of the City of New York, Appellate Part, Second Department,
    May 21, 1958.
    
      Jacob M. Lomasoio, appellant in person.
    
      Edward 8. Silver, District Attorney (David Diamond and Raymond J. Scanlan of counsel), for respondent.
   Per Curiam.

Defendant offered to prove that the regulation was unreasonable. This was his sole defense. The Trial Judge refused to permit this proof on the mistaken ground that he lacked the power to determine the reasonableness of the traffic regulation.

While the restriction involved seems at first blush perfectly reasonable to us, we cannot say that defendant had his day in court. Under the circumstances, section 542 of the Code of Criminal Procedure has no application (People v. Savvides, 1 N Y 2d 554; People v. Gerdvine, 210 N. Y. 184) and the interests of justice require a new trial.

Kozioke, P. J., Silver and Rossbach, JJ., concur.

Judgment reversed, etc.  