People v. Tropiano

CourtNew York Villiage Court
Citation427 N.Y.S.2d 155,103 Misc.2d 940
Decision Date04 April 1980
PartiesThe PEOPLE of the State of New York, v. Anthony J. TROPIANO, Defendant.

Page 155

427 N.Y.S.2d 155
103 Misc.2d 940
The PEOPLE of the State of New York,
v.
Anthony J. TROPIANO, Defendant.
Village Court of Rockville Centre, Nassau County.
April 4, 1980.

Louis Milone, Jr., Rockville Centre, for the People.

Anthony J. Tropiano, in pro per.

ALBERT A. RUBIN, Village Justice.

Does an unlicensed motorcycle operator with a learner's permit violate Section 509, when his supervisor is in a house one eighth of a mile away?

The facts are not in dispute. On September 15th, 1979, the defendant, who possessed a class 5 New York State Driver's License and a learner's permit for a class 7

Page 156

license, received a summons for a violation of Section 509 of the Vehicle and Traffic Law in that he was unsupervised while operating a motorcycle without a motorcycle license.

At the trial, the defendant was accompanied by a friend, one Frank Schubart, who testified that he had a valid class 5 and motorcycle license, both of which were introduced in evidence. He further testified that he was acting as "supervisor" of the defendant who had a learner's permit for a class 7 license.

On September 15th, 1979, both the defendant and his alleged supervisor were doing carpentry work at premises 320 N. Village Avenue. The defendant left the premises, mounted his motorcycle, and rode to a shopping center some 1/8 of a mile away to get some food. While at the shopping center he got into an accident and received the subject summons. Both the defendant and Frank Schubart testified that Mr. Schubart was in a house approximately 1/8 of a mile away at the time of the accident. When asked how he could possibly supervise him from the house, Mr. Schubart replied, "I was all around the house . . . and I was watching him periodically". Both Mr. Schubart and the defendant took the position that there could not be a violation of Section 509 if the supervisor was within a quarter of a mile of the permit holder learner.

Section 501(5)c provides that "the required supervising driver need exercise only general supervision and control over the learner as prescribed by regulation of the commissioner when the learner is operating a motorcycle".

The unequivocal testimony before the Court is that this defendant was operating a motorcycle without a class 7 license. His statement that the supervisor, admittedly located in a house 1/8 of a mile away from the scene of the accident, was exercising "general supervision and control" strains credulity.

It is quite...

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1 practice notes
  • Public Service Mut. Ins. Co. v. Slating
    • United States
    • United States State Supreme Court (New York)
    • January 8, 1982
    ...is in a house and could not possibly see the operator of the motorcycle." People v. Tropiano, 103 Page 351 Misc.2d 940, 941-942, 427 N.Y.S.2d 155. It seems apparent, then, that a supervising driver may use a motorcycle during the course of such supervision and that this is an anticipat......
1 cases
  • Public Service Mut. Ins. Co. v. Slating
    • United States
    • United States State Supreme Court (New York)
    • January 8, 1982
    ...is in a house and could not possibly see the operator of the motorcycle." People v. Tropiano, 103 Page 351 Misc.2d 940, 941-942, 427 N.Y.S.2d 155. It seems apparent, then, that a supervising driver may use a motorcycle during the course of such supervision and that this is an anticipat......

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