PEOPLE v. MARZULLI


76 Misc.2d 971 (1973)

The People of the State of New York, Respondent, v. Frank T. Marzulli, Appellant.

Supreme Court, Appellate Term, Second Department.

April 24, 1973


Attorney(s) appearing for the Case

William E. Hellerstein, Robert Kasanof and Allen E. Burns for appellant. Eugene Gold, District Attorney (Harry Brodbar and Raymond J. Scanlan of counsel), for respondent.

Concur — GROAT, P. J., SCHWARTZWALD and MARGETT, JJ.


MEMORANDUM BY THE COURT.

In our opinion, the proof was insufficient to establish that the defendant "operated" the vehicle within the meaning of former subdivision 2 of section 1192 of the Vehicle and Traffic Law. The evidence tends to show, we believe, that the movement of the car was unintentionally caused by this defendant who was seated in the passenger seat at the time of the accident. An act may be criminal without...

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