People v. Frankel

• Decision Date: 20 September 2016
• Docket Number: No. 2014–1916 N CR.,2014–1916 N CR.
• Citation: 43 N.Y.S.3d 768 (Table)
• Parties: The PEOPLE of the State of New York, Respondent, v. Mark Z. FRANKEL, Appellant.
• Court: New York Supreme Court — Appellate Term

43 N.Y.S.3d 768 (Table)

The PEOPLE of the State of New York, Respondent,
v.
Mark Z. FRANKEL, Appellant.

No. 2014–1916 N CR.

Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.

Sept. 20, 2016.

Appeal from two judgments of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Daniel Cotter, J.H.O.), rendered July 8, 2014. The judgments convicted defendant, after a nonjury trial, of misuse of dealer or transporter plates, and unauthorized use of a nonpassenger vehicle on a parkway, respectively.

ORDERED that the judgments of conviction are affirmed.

Defendant was charged in two simplified traffic informations with misuse of dealer or transporter plates (Vehicle and Traffic Law § 415[8] ), and unauthorized use of a nonpassenger vehicle on a parkway (17 NYCRR 182.31 [c] ), respectively.

At a nonjury trial, a New York State trooper testified that, at approximately 3:16 p.m. on March 4, 2014, defendant was driving a minivan, bearing a New Jersey dealer license plate, on the Southern State Parkway in Nassau County. The minivan was owned by defendant's employer, a New Jersey automobile dealer. Defendant admitted to the trooper that he was going to a location to pick up parts for another vehicle. The trooper further testified that a vehicle is permitted on the Southern State Parkway only if it is registered as a passenger vehicle "because of the New York State parkway rules and regulations." A passenger vehicle with a dealer plate being driven on business was "[n]ot allowed on the parkway." The trooper issued four summonses to defendant for: unauthorized use of a nonpassenger vehicle on a parkway, operating an unregistered motor vehicle, operating an uninsured motor vehicle, and misuse of a dealer or transporter plate.

The court found defendant not guilty of operating an unregistered motor vehicle and operating an uninsured motor vehicle. However, the court determined "that the commercial vehicle may have been a passenger vehicle but it was being used as a commercial vehicle, and as such, has to be registered as a commercial vehicle." Thus, the court found defendant guilty of misuse of a dealer or transporter plate and unauthorized use of a...