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PEOPLE v. ASSELTA

1 A.D.2d 960 (1956)

The People of the State of New York, Respondent, v. Vincenzo Asselta, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 9, 1956

Judgment reversed on the law and the facts, complaint dismissed, and fine remitted.

Appellant should have been charged with a violation of subdivision 2 of section 41 of the Vehicle and Traffic Law, which applies to motorcycles, and not with a violation of the statute set forth in the complaint, which applies to motor vehicles. A motorcycle is not a motor vehicle. (Vehicle and Traffic Law, § 2, subd. 8.) In any event...

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