People v. Moe — 62 Misc. 2d 27

Majority

p. 27

The People of the State of New York, Respondent, v. William Moe, Appellant.

Supreme Court, Appellate Term, Second Department,

December 17, 1969.

Joel Martin Aurnou for appellant. Carl A. Vergari, District Attorney (Janet Cunard and Andrew J. Natale, Jr., of counsel), for respondent.

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

p. 28

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.

Concur — Gulotta, P. J., Pittohi and McCullough, JJ.

Judgment reversed, etc.

Cases cited

People v. County of Westchester 282 N. Y. 224 N.Y. 1940-03-05 p. 27