PEOPLE v. MOE

Per Curiam.

Defendant's guilt of the underlying charges of operating a motor vehicle on a public highway without a license and operating an unregistered motor vehicle was not established. A public park owned by a municipality with neither roads nor sidewalks is not a "public highway" within the meaning of sections 401 Veh. Traf. and 501 Veh. Traf. of the Vehicle and Traffic Law. ( People v. County of Westchester, 282 N.Y. 224.) Furthermore, the "mini-bike" or "mini-motorcycle" here involved comes within the statutory definition of a "motorcycle" or "motor-driven cycle" rather than a "motor vehicle" and would in a proper case be governed by sections 410 and 503 and not sections 401 and 501. ( People v. Asselta, 1 A.D.2d 960, 961; Vehicle and Traffic Law, §§ 123, 124 and 125.)

The judgment adjudicating defendant a youthful offender should be unanimously reversed on the law and facts and information dismissed.

Concur — GULOTTA, P.J., PITTONI and McCULLOUGH, JJ.

Judgment reversed, etc.