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PEOPLE v. VARGAS

82 Misc.2d 49 (1975)

The People of the State of New York, Respondent, v. Pedro Vargas, Also Known as Enrique Rivera, Appellant.

Supreme Court, Appellate Term, First Department.

February 10, 1975

Attorney(s) appearing for the Case

William E. Hellerstein and William J. Gallagher (Christopher B. Kende of counsel), for appellant. Mario Merola, District Attorney (Nina Gottlieb Spiegler of counsel), for respondent.

Concur: DUDLEY J. P., FINE and HUGHES, JJ.

Per Curiam.

Section 422 of the Vehicle and Traffic Law provides that wrongful possession of a vehicle with a changed identification number is a "misdemeanor, and punishable by a fine of not less than twenty-five dollars nor more than fifty dollars". Notwithstanding the designation of the offense as a "misdemeanor" in the Vehicle and Traffic Law, under subdivision 3 of section 55.10 of the Penal Law the offense is actually a "violation". (People v Star Supermarkets...

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