Opinion
May 11, 1949.
Appeal from Supreme Court, Ulster County.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ.
Petitioner-respondent was involved in an automobile accident and pleaded guilty to the crime of leaving the scene of the accident without reporting the same, in violation of subdivision 5-a of section 70 Veh. Traf. of the Vehicle and Traffic Law. His license to operate a motor vehicle was thereafter revoked. The sole issue involved in this proceeding is whether the magistrate, before whom the petitioner-respondent pleaded guilty, advised him that upon such a plea the revocation of his license to operate a motor vehicle was mandatory (Code Crim. Pro. § 335-a). The Special Term held that the magistrate did not so advise petitioner-respondent unequivocally and left the matter in some doubt, and for this reason annulled the determination by the Commissioner of Motor Vehicles. Order unanimously affirmed, with $25 dollars costs and disbursements to petitioner-respondent.