People v. Giordano

Decision Date02 August 1982
Citation457 N.Y.S.2d 665,116 Misc.2d 393
PartiesThe PEOPLE of the State of New York, Respondent, v. Mary Jane GIORDANO, Appellant.
CourtNew York Supreme Court — Appellate Term

Putney, Twombly, Hall & Hirson, New York City (Howard F. Ordman and Daniel F. Murphy, Jr., New York City, of counsel), for appellant.

Peter K. Ledwith, Garden City, for respondent.

Before SLIFKIN, J.P., and GEILER and DiPAOLA, JJ.

MEMORANDUM.

Appeal by defendant from judgment convicting her of violating section 415 of the Vehicle and Traffic Law.

Judgment of conviction unanimously reversed on the law, 112 Misc.2d 77, 445 N.Y.S.2d 879, fine remitted and information dismissed.

Personal use of a vehicle with dealer's plates which is held for sale or demonstration does not violate section 415 of the Vehicle and Traffic Law (People v. Wilkins, NYLJ, Oct. 13, 1976, App Term, 9th & 10th Jud Dists; see People v. Studley, NYLJ, May 15, 1967, App Term, Second Dept).

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2 cases
  • Lancer Ins. Co. v. Marine Motor Sales, Inc., 2010 NY Slip Op 30476(U) (N.Y. Sup. Ct. 3/10/2010)
    • United States
    • New York Supreme Court
    • March 10, 2010
    ...use of a vehicle with dealer's plates which vehicle is held for sale or demonstration does not violate VTL § 415 (People v. Giordano, 116 Misc.2d 393, 457 N.Y.S.2d 665 [App. Term 2d Dept., 1982]). Parks' use of the Marine subject vehicle with dealer's plates was not in contravention of the ......
  • People v. Frankel
    • United States
    • New York Supreme Court — Appellate Term
    • September 20, 2016
    ...and a vehicle held for sale or demonstration with a dealer plate can only be used on a parkway for personal use (see People v. Giordano, 116 Misc.2d 393 [App Term, 2d Dept, 9th & 10th Jud Dists 1982]; People v. Fitzgerald, 148 Misc.2d 352 [Village of Scarsdale Just Ct] ; see also Vehicle an......

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