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PEOPLE STATE NEW YORK v. WILLIAM MOE (12/17/69)

NEW YORK SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT 1969.NY.44014 <http://www.versuslaw.com>; 307 N.Y.S.2d 921; 62 Misc. 2d 27 December 17, 1969 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.WILLIAM MOE, APPELLANT Appeal from a judgment of the City Court of White Plains (J. Boyd Henson, J.), rendered April 18, 1969, convicting defendant as a youthful offender for violating sections 401 and 501 of the Vehicle and Traffic Law by operating a motor vehicle without a certificate of registration and driving without a license. Joel Martin Aurnou for appellant. Carl A. Vergari, District Attorney (Janet Cunard and Andrew J. Natale, Jr., of counsel), for respondent. Concur -- Gulotta, P. J., Pittoni and McCullough, JJ. Author: Per Curiam


Appeal from a judgment of the City Court of White Plains (J. Boyd Henson, J.), rendered April 18, 1969, convicting defendant as a youthful offender for violating sections 401 and 501 of the Vehicle and Traffic Law by operating a motor vehicle without a certificate of registration and driving without a license.

Concur -- Gulotta, P. J., Pittoni and McCullough, JJ.

Author: Per Curiam

 Defendant's guilt of the underlying charges of operating a motor vehicle on a public highway without a license and operating an unregistered motor vehicle was not established. A public park owned by a municipality with neither roads nor sidewalks is not a "public highway" within the meaning of sections 401 and 501 of the Vehicle and Traffic Law. (People v. County of Westchester, 282 N. Y. 224.) Furthermore, the "minibike" or "mini-motorcycle" here involved comes within the statutory definition of a "motorcycle" or "motor-driven cycle" rather than a "motor vehicle" and would in a proper case be governed by sections 410 and 503 and not sections 401 and 501. (People v. Asselta, 1 A.D.2d 960, 961; Vehicle and Traffic Law, §§ 123, 124 and 125.)

The judgment adjudicating defendant a youthful offender should be unanimously reversed on the law and facts and information dismissed.

Judgment reversed, etc.

Disposition

Judgment reversed, etc.

19691217

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