PEOPLE v. SKLAR (2018)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Stuart SKLAR, Appellant.

2015-2626 S CR

Decided: November 29, 2018

PRESENT: JERRY GARGUILO, J.P., ANTHONY MARANO, BRUCE E. TOLBERT, JJ

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

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.

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