Majority
p. 557The People of the State of New York, Respondent, v. William T. Donohue, Appellant. Supreme Court, Appellate Term, Second Department, February 29, 1972.
John B. Donohue, Jr., for appellant. William Cahn, District Attorney, for respondent.
Judgment of conviction (Long Island State Park Ordinance, former § 245.2) is affirmed.
Judgment of conviction (Vehicle and Traffic Law, § 1111, subd. [d], par. 1) is reversed on the law, complaint dismissed and fine remitted. Section 1111 (subd. [d], par. 1) of the Vehicle
p. 558
and Traffic Law requires traffic facing a red signal to stop at a stop line, crosswalk or near side of an intersection. This section, under which, defendant was tried and convicted, has no application to a red light at an exact change toll booth. In our opinion, the latter light is merely an indication of the failure to pay a toll, on which charge the conviction is affirmed.
Concur — Hogan, P. J., Glickman and McCullough, JJ.