People v. Rutuelo
| Court | New York District Court |
| Writing for the Court | JOSEPH M. O'DONNELL |
| Citation | 87 Misc.2d 754,386 N.Y.S.2d 629 |
| Parties | The PEOPLE of the State of New York v. John RUTUELO, Defendant. |
| Decision Date | 12 August 1976 |
Page 629
v.
John RUTUELO, Defendant.
Henry F. O'Brien, Dist. Atty., Riverhead, for the People.
John Rutuelo, in pro. per.
JOSEPH M. O'DONNELL, Judge.
Defendant is charged under the Rules and Regulations of the Long Island State Park and Recreation Commission for driving a camper pickup on a parkway in violation of subdivision 4 of § 415.6(e), (Official Compilation of Code, Rules and Regulations of the State of New York, Title 9, Subtitle I) which says: 'No pickup camper shall be permitted to use a parkway regardless of type of registration.'
Defendant, by way of defense, supplies a copy of registration registering the vehicle as 'SUBN' and further the advice of the Department of Motor Vehicles, to wit:
'7. If a camper body is attached to a truck, and the truck is not to be used as a separate unit, the vehicle should be registered in the passenger class, with a body type of SUBN. If the truck is ever used as a separate unit, the registration should be in the commercial class, the body type PICK. If registered in the commercial class, the maximum gross weight should include the weight of the camper.'
The official source of this admonition remains unidentified. Nevertheless, the vehicle has been duly registered passenger 'SUBN' class.
By implication, since he has been advised to register his vehicle as a passenger vehicle, and since § 415.6(c) states the 'station wagons or suburban type passenger vehicles shall be permitted on parkways,' subject to certain regulations, defendant contends that the ordinance constitutes an unreasonable and arbitrary exercise of the State's police power and a denial of due process and equal protection of the law.
Furthermore, § 415.6(d) provides that:
'Recreation type vehicles, including small van type, Volkswagen, Econoline, etc., shall be permitted use of parkways providing they comply with the regulations specified in subdivision (c) of this section, have side-body windows and are registered as passenger vehicles.'
The Section 415.6 restricts the use of parkway to automobiles classed as pleasure
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vehicles, further excluding those used for carrying goods or commercial purposes.Pedestrians, horses, small power propelled vehicles are excluded. That fits the general purpose expressed in paragraph (a), and the underlying purpose of safety and traffic...
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Rutuelo v. State, No. 61657
...23, 1982, Lowery, J.].) However, the charge was dismissed on the ground that the regulation was unconstitutional. (People v. Rutuelo, 87 Misc.2d 754, 386 N.Y.S.2d 629.) Does this holding void ab initio the original probable cause? There is no question that at the outset the officer had prob......
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People v. Stock
...677, 173 N.Y.S.2d 213), and such regulation when adopted is presumed to be reasonable and just. The case of People v. Rutuelo, Dist.Ct., 87 Misc.2d 754, 386 N.Y.S.2d 629, cited by the defendant, is distinguishable from the case before this Court. In the Rutuelo case, the regulation provided......
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Rutuelo v. State, No. 61657
...23, 1982, Lowery, J.].) However, the charge was dismissed on the ground that the regulation was unconstitutional. (People v. Rutuelo, 87 Misc.2d 754, 386 N.Y.S.2d 629.) Does this holding void ab initio the original probable cause? There is no question that at the outset the officer had prob......
-
People v. Stock
...677, 173 N.Y.S.2d 213), and such regulation when adopted is presumed to be reasonable and just. The case of People v. Rutuelo, Dist.Ct., 87 Misc.2d 754, 386 N.Y.S.2d 629, cited by the defendant, is distinguishable from the case before this Court. In the Rutuelo case, the regulation provided......