People v. Lopez

OPINION OF THE COURT

John A. K. Bradley, J.

Is an automobile without a battery a "motor vehicle” within the meaning of Vehicle and Traffic Law § 125? That is the sole question before the court.

The defendant is charged with operating a motor vehicle while under the influence of alcohol and various other crimes. At the time of the incident, the defendant was steering a car without a battery on Houston Street. The testimony before the Grand Jury was unclear as to whether the defendant’s car was being pushed by another vehicle or a person.

*326Vehicle and Traffic Law § 125 defines a motor vehicle as:…