People v. Vargas

Section 422 of the Vehicle and Traffic Law provides that wrongful possession of a vehicle with a changed identification number is a "misdemeanor, and punishable by a fine of not less than twenty-five dollars nor more than fifty dollars”. Notwithstanding the designation of the offense as a "misdemeanor” in the Vehicle and Traffic Law, under subdivision 3 of section 55.10 of the Penal Law the offense is actually a "violation”. (People v Star Supermarkets, 67 Misc 2d 483, affd 40 AD2d 946.) The applicable provision of section 55.10 of the Penal Law is to the effect that, notwithstanding any…