People v Sklar (Stuart)

[*1] People v Sklar (Stuart) 2018 NY Slip Op 51740(U) Decided on November 29, 2018 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 29, 2018
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : JERRY GARGUILO, J.P., ANTHONY MARANO, BRUCE E. TOLBERT, JJ
2015-2626 S CR

The People of the State of New York, Respondent,

v

Stuart Sklar, Appellant.

Stuart Sklar, appellant pro se. Islandia Village Prosecutor, for respondent (no brief filed).

Appeal from a judgment of the Justice Court of the Village of Islandia, Suffolk County (Alan M. Wolinsky, J.), rendered May 14, 2015. The judgment convicted defendant, after a nonjury trial, of parking an unregistered motor vehicle on a village street or highway, and imposed sentence.

ORDERED that the judgment of conviction is reversed, on the law, the appearance ticket is dismissed, and the fine, if paid, is remitted.

On March 21, 2015, at 1:28 p.m., an appearance ticket was issued to the "owner/operator" of a 1993 silver Volvo with New York State license plate number AKY4378, located in front of the BJ's store in the Village of Islandia, for parking an unregistered motor vehicle on a village street or highway in violation of Village of Islandia Code § 164-25 (D). Following a nonjury trial, defendant was convicted of the offense.

As there was no testimony at trial establishing any nexus between defendant and the vehicle which had been parked with an expired registration sticker, the People failed to prove a necessary element of the offense charged (see People v McLaurin, 53 Misc 3d 153[A], 2016 NY Slip Op 51735[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]; People v Palmieri, 14 Misc 3d 106 [App Term, 2d Dept, 9th & 10th Jud Dists 2007]).

Accordingly, the judgment of conviction is reversed and the appearance ticket is dismissed.

GARGUILO, J.P., MARANO and TOLBERT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 29, 2018