PEOPLE v. MARCUS


19 A.D.2d 813 (1963)

The People of the State of New York, Respondent, v. Eric Marcus, Appellant

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

October 17, 1963


Judgment convicting defendant of the crime of operating a motor vehicle on a public highway without a license, affirmed.

We are constrained to hold that the proof shows a technical violation of the statute. The record establishes the defendant, unlicensed therefor, was operating a motor vehicle at an extremely moderate rate over a sidewalk adjacent to a gasoline station. Subdivision 4 of section 501 of the Vehicle and Traffic Law provides: "a. No person shall operate...

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