People v. Tropiano

OPINION OF THE COURT

Albert A. Rubin, J.

Does an unlicensed motorcycle operator with a learner’s permit violate section 509 of the Vehicle and Traffic Law, when his supervisor is in a house one eighth of a mile away?

The facts are not in dispute. On September 15, 1979, the defendant, who possessed a class 5 New York State driver’s license and a learner’s permit for a class 7 license, received a *941summons 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…