People v. Parry

Memorandum. Order unanimously reversed on the law and facts, complaint reinstated and case remitted for further proceedings.

The People appeal from an order which dismissed the complaint upon the grounds that the rule expressed in sections 150.1 (subd [a], par [38]) and 151.31 of the Rules and Regulations of the East Hudson Parkway Authority (21 NYCRR 150.1 [a] [38], 151.31) was invalid and that its application to defendant would have been unconstitutional. The complaint charged defendant with operating a school bus on a parkway in violation of said rule.

Although it may or may not be desirable…