Opinion
July 5, 1961
Appeal by defendant from a judgment of the Court of Special Sessions of the City of New York, Borough of Richmond, held by a City Magistrate, rendered February 17, 1961, convicting defendant, after trial, of operating an unregistered motor vehicle upon the public highways of this State, in violation of former subdivision 1 of section 11 (now § 401, subd. 1) of the Vehicle and Traffic Law, and sentencing him to pay a fine of $25 or to be imprisoned for five days. Defendant paid the fine. The facts upon which the conviction of the appellant is based are substantially the same as those involved in the companion cases ( People v. Hager, 14 A.D.2d 556; People v. Turner, 14 A.D.2d 559), except that here the defendant's employer and the owner of the New Jersey licensed motor vehicle operated by the defendant, was a New York corporation which maintained a place of business in New Jersey, where the motor vehicle was garaged and out of which it was operated. Judgment affirmed. Defendant failed to adduce any evidence which would establish that the motor vehicle operated by him was exempt from registration under the laws of this State (cf. People v. Dantschisch, 153 N.Y.S.2d 519, 526; People v. Rockwell, 123 N.Y.S.2d 201, 204, and cases cited). Specifically, defendant made no showing that the motor vehicle was one which his employer was "compelled to register" in New Jersey so as to entitle said employer to be deemed a resident of New Jersey and a non-resident of this State for the purpose of enjoying the privileges afforded by former subdivision 1 of section 51 (now § 250, subd. 1) of the Vehicle and Traffic Law, with respect to such vehicle. Nolan, P.J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.