People v. Kuchler

Appellate Division of the Supreme Court of New York

People v. Kuchler

7 A.D.2d 996, 183 N.Y.S.2d 867, 1959 N.Y. App. Div. LEXIS 9814

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 2, 1959

StatusPublished

This text of 7 A.D.2d 996 (People v. Kuchler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Kuchler, 7 A.D.2d 996, 183 N.Y.S.2d 867, 1959 N.Y. App. Div. LEXIS 9814 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal (1) from a judgment of a City Magistrate sitting as a Court of Special Sessions of the City of New York, Borough of Queens, convicting appellant of knowingly permitting an unlicensed person to operate [997]*997a motor vehicle (Vehicle and Traffic Law, § 20, subd. 4, par. a) and sentencing him to pay a fine of $25 or to serve five days, and (2) from said sentence. The fine was paid. Judgment reversed on the law and the facts, information dismissed, and fine remitted. The proof does not establish that appellant knew that the person he permitted to operate the motor vehicle was not duly licensed (People v. Shapiro, 4 N Y 2d 597; People v. Asselta, 1 A D 2d 960; People v. Crean, 206 Mise. 311; People v. Tompkins, 202 Mise. 147). No separate appeal lies from the sentence, which has been reviewed on the appeal from the judgment of conviction. Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ., concur.

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Appeal (1) from a judgment of a City Magistrate sitting as a Court of Special Sessions of the City of New York, Borough of Queens, convicting appellant of knowingly permitting an unlicensed person to operate [997]*997a motor vehicle (Vehicle and Traffic Law, § 20, subd. 4, par. a) and sentencing him to pay a fine of $25 or to serve five days, and (2) from said sentence. The fine was paid. Judgment reversed on the law and the facts, information dismissed, and fine remitted. The proof does not establish that appellant knew that the person he permitted to operate the motor vehicle was not duly licensed (People v. Shapiro, 4 N Y 2d 597; People v. Asselta, 1 A D 2d 960; People v. Crean, 206 Mise. 311; People v. Tompkins, 202 Mise. 147). No separate appeal lies from the sentence, which has been reviewed on the appeal from the judgment of conviction. Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ., concur.

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Bluebook (online)

7 A.D.2d 996, 183 N.Y.S.2d 867, 1959 N.Y. App. Div. LEXIS 9814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kuchler-nyappdiv-1959.