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62 Misc. 2d 27

People v. Moe

Appellate Terms of the Supreme Court of New York · decided 1969-12-17

Relies on People v. County of Westchester

Decided 1969-12-17

Per Curiam.

¶1Defendant’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 *28governed 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.)

¶2The judgment adjudicating defendant a youthful offender should be unanimously reversed on the law and facts and ' information dismissed.

¶3Concur — Gulotta, P. J., Pittohi and McCullough, JJ.

¶4Judgment reversed, etc.

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