People v. Hoffman Floor Covering Corp.

OPINION OF THE COURT

Ellen M. Coin, J.

By guilty plea entered upon its default, defendant corporation has been convicted of a violation of Administrative Code of the City of New York § 11-809 (a), and sentenced to pay a fine in the sum of $1,000. Defendant now moves for an order vacating the default judgment on the grounds of excusable default and meritorious defense (i.e., that the instant ordinance is *657inapplicable to its vehicle). In essence, defendant’s motion is a request pursuant to CPL 440.10 (1) to vacate the judgment in the interests of justice based on a broad interpretation of due…