People v. Delta Carting Corp.

OPINION OF THE COURT

Ira B. Warshawsky, J.

The defendant was charged with operating an auto car-*269dump truck, commonly known as a garbage truck, where the weight on the rear axles was greater than 36,000 pounds, to wit: 62,000 pounds, in violation of Vehicle and Traffic Law § 385 (9). After the People’s case, the defendant moved to dismiss due to the failure of the People to prove a prima facie case as to each element of the crime. Specifically, the defendant argued and one of the People’s witnesses agreed that the police did not check to see if the truck was "loaded” when it was stopped and…