People v. Vargas

• Decision Date: 10 March 1975
• Citation: 366 N.Y.S.2d 85,82 Misc.2d 49
• Parties: The PEOPLE of the State of New York, Respondent, v. Pedro VARGAS, a/k/a Enrique Rivera, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Term

Page 85

366 N.Y.S.2d 85

82 Misc.2d 49

The PEOPLE of the State of New York, Respondent, v. Pedro VARGAS, a/k/a Enrique Rivera, Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

March 10, 1975.

William E. Hellerstein and William J. Gallagher, New York City (Christopher B. Kende, New York City, of counsel), for appellant.

Mario Merola, Dist. Atty. (Nina Gottlieb Spiegler, New York City, of counsel), for respondent.

Before DUDLEY, J.P., and FINE and HUGHES, JJ.

PER CURIAM:

Vehicle & Traffic Law § 422 provides that wrongful possession of a vehicle with a changed identification number is a 'misdemeanor, and punishable by a fine of not less than twenty-five dollars nor more than fifty dollars'. Notwithstanding the designation of the offense as a 'misdemeanor' in the Vehicle & Traffic Law, under § 55.10(3) of the Penal Law the offense is actually a 'violation'. (People v. Star Supermarkets, Inc., 67 Misc.2d 483, 324 N.Y.S.2d 514, aff'd 40 A.D.2d 946, 339 N.Y.S.2d 262). The applicable provision of Section 55.10 of the Penal Law is to the effect that notwithstanding any other designation specified in the law defining it, an offense for which the only sentence is a fine is a violation (Subd. 3(a)). Section 65.00 of the Penal Law governing sentences of probation does not authorize the sentence of probation in the case of a 'violation'. An imposition on defendant of the sentence of probation for violating section 422 of the Vehicle & Traffic Law was accordingly without legal foundation.

Judgment of conviction, rendered May 20, 1974 (Milonas, J. at plea; Grey, J. at sentence) modified by reversing it on the law with respect to the sentence and remanding the case to the court below for resentence in accordance with the foregoing, and, as modified, affirmed.

All concur.