People v. Tracey

The defendant was convicted in the Niagara Falls Police Court of reckless driving in violation of section 58 of the Vehicle and Traffic Law. The driving took *682place on a privately owned parking area of a plaza containing several stores in that city.

Section 58 prohibits driving ‘ which unreasonably interferes with the free and proper use of the public highway ”. The appeal is based upon defendant’s contention that the driving did not take place on a public highway. His contention must be upheld and the conviction must be reversed.

Subdivision 2 of section 2 of the Vehicle and Traffic Law defines…