Summary
In People v. Moe (62 Misc.2d 27) the court, in reversing a conviction for unlicensed operation of a motorcycle, held that a public park, owned by a municipality, with neither roads nor sidewalks, was not a "public highway" within the meaning of sections 401 Veh. Traf. and 501 Veh. Traf. of the Vehicle and Traffic Law — (citing People v. County of Westchester, 282 N.Y. 224, which authority was also cited by appellant and respondent in the present appeal).
Summary of this case from People v. HaulenbeekOpinion
December 17, 1969
Appeal from the City Court of White Plains, J. BOYD HENSON, J.
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 Veh. Traf. and 501 Veh. Traf. of the Vehicle and Traffic Law. ( People v. County of Westchester, 282 N.Y. 224.) Furthermore, the "mini-bike" 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.
Concur — GULOTTA, P.J., PITTONI and McCULLOUGH, JJ.
Judgment reversed, etc.