People v. Lorenzo

Order of the County Court of Orange county dismissing indictment reversed upon the law, motion denied, and indictment reinstated. Section 290, subdivision 7, of the Highway Law * does not repeal section 1620 of the Penal Law.† (See Penal Law, § 2500.) Defendant may be prosecuted under either statute. The Legislature evidently intended that prosecutions for the offense alleged should be bad under subdivision 7 (supra) but its failure to expressly limit prosecutions for the offense specified in subdivision 7 to that statute permits of an indictment under section 1620 (supra). Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur.