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PEOPLE v. MOE

62 Misc.2d 27 (1969)

The People of the State of New York, Respondent, v. William Moe, Appellant.

Supreme Court, Appellate Term, Second Department.

December 17, 1969

Attorney(s) appearing for the Case

Joel Martin Aurnou for appellant. Carl A. Vergari, District Attorney (Janet Cunard and Andrew J. Natale, Jr., of counsel), for respondent.

Concur — GULOTTA, P. J., PITTONI and McCULLOUGH, JJ.

Per Curiam.

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 and 501 of the Vehicle and Traffic Law. (People v. County of Westchester, 282 N.Y. 224.) Furthermore, the "mini-bike" or "mini-motorcycle...

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