People v. Ferri

CourtNew York Town Court
Writing for the CourtWALTER W. DUNBAR
Citation106 Misc.2d 311,431 N.Y.S.2d 765
Decision Date08 August 1980
PartiesThe PEOPLE of the State of New York v. George FERRI, Defendant.

Page 765

431 N.Y.S.2d 765
106 Misc.2d 311
The PEOPLE of the State of New York
v.
George FERRI, Defendant.
Dix Town Court, Schuyler County.
Aug. 8, 1980.

Dennis J. Morris, Watkins Glen, for defendant.

Stewart E. McDivitt, Dist. Atty., for plaintiff.

OPINION OF THE COURT

WALTER W. DUNBAR, Justice.

A New York State trooper observed the defendant operate a truck on a public highway

Page 766

without displaying a highway use tax plate, tag or sticker as required by Article 21 of the Tax Law. After being stopped by the trooper and failing to produce the permit to be carried in the vehicle the defendant was issued a simplified traffic information charging him with having no highway use tax permit in violation of Section 512 subdivision 1(a) of the Tax Law.

The defendant now moves to dismiss the simplified information as being jurisdictionally defective pursuant to § 170.35 CPL. The contention of the defendant is that a violation of the tax law cannot be brought on a simplified traffic information inasmuch as it is outside of the Vehicle and Traffic Law.

The defendant cites People v. Clark, 59 Misc.2d 714, 299 N.Y.S.2d 901, a 1967 case which was decided under the Code of Criminal Procedure § 147-a.

Section 512 subdivision 1(a) of the Tax Law requires a person to obtain a permit before using the highway with a motor vehicle having a gross weight in excess of 18,000 pounds. Section 502 subdivision 1(a) requires that the permit be carried in the motor vehicle and the tag, plate or sticker be firmly affixed in a conspicuous manner upon the vehicle. Failure to affix or carry the permit while operating the vehicle on the highway is presumptive evidence that no permit has been obtained for such motor vehicle. (§ 512 sub.1(a) Tax Law) (emphasis added)

In People v. Clark, supra, it was determined that a violation of the Tax Law did not relate to traffic. The court further determined that a simplified traffic information could not be used for statutes outside of the Vehicle and Traffic Law. (CCP § 147-a)

I agree with the court that at the time of rendering the decision, the legislature had restricted the use of the traffic summons to the Vehicle and Traffic Law and local ordinances. I cannot agree, however, that the Tax Law has no relation to traffic.

"Section 512 of the Tax Law (in providing) certain penalties for violations of the Tax Law involved in the operation of motor vehicles on the public highways . . . places these violations . . . in the same category as offenses under the Vehicle and Traffic Law." (People v. Davis 22 Misc.2d 1094, 201 N.Y.S.2d 478.)

The Highway Use Tax came into being by enactment of the Laws of 1951, ch. 74, § 1, which provides: "The legislature hereby finds and declares that the operation of heavy motor...

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1 practice notes
  • People v. Kavanaugh
    • United States
    • New York District Court
    • October 15, 1986
    ...traffic information may be used for traffic infractions and misdemeanors relating to traffic. See CPL 100.10(2)(a). In People v. Ferri, 106 Misc.2d 311, 431 N.Y.S.2d 765, the defendant was charged on simplified traffic information with operating a truck without a highway use tax permit in v......
1 cases
  • People v. Kavanaugh
    • United States
    • New York District Court
    • October 15, 1986
    ...traffic information may be used for traffic infractions and misdemeanors relating to traffic. See CPL 100.10(2)(a). In People v. Ferri, 106 Misc.2d 311, 431 N.Y.S.2d 765, the defendant was charged on simplified traffic information with operating a truck without a highway use tax permit in v......

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