People v. Chiosie

*89OPINION OF THE COURT

Memorandum.

Judgment of conviction reversed on the law, accusatory instrument dismissed and fine, if paid, remitted.

The instant matter involves a charge of operating a vehicle displaying a prohibited hazardous materials identification marking. It should be noted at the outset that insofar as defendant contends that the accusatory instrument is defective in charging him with violating Transportation Law § 14-f (2), in that it incorrectly cited 49 CFR 172.303 (a) (regarding packages) in support of the charge rather than 49 CFR 172.502 (regarding vehicles), we find no merit in…