People v. Meyer

The defendant was given a uniform traffic summons for a noisy muffler on a motorcycle in violation of subdivision 1 of section 381 of the Vehicle and Traffic Law.

The wording of subdivision 1 of section 381 is the same as the wording of former subdivision 1 of section 15, which was held to be unconstitutional in People v. Zanchelli (8 Misc 2d 1069) and People v. Sisson (12 Misc 2d 18). The Legislature repealed subdivision 1 of section 15 and enacted subdivision 31 of section 375 establishing a new standard for muffler noise regulation. The Court of Appeals in People v. Byron (17 N Y 2d 64) has…