People v. Marcus

Judgment convicting defendant of the crime of operating a motor vehicle on a public highway without a license, affirmed. We are constrained to hold that the proof shows a technical violation of the statute. The record establishes the defendant, unlicensed therefor, was operating a motor vehicle at an extremely moderate rate over a sidewalk adjacent to a gasoline station. Subdivision 4 of section 501 of the Vehicle and Traffic Law provides: “ a. No person shall operate or drive a motor vehicle upon a public highway of this state unless he is duly licensed under this chapter”. Subdivision 9…