Opinion
October 18, 1954.
Appeal from Court of Special Sessions of the City of New York.
The fines have been paid. Defendant also appeals separately from each sentence. Judgment reversed on the law as to the conviction on the first and third counts; the first and third counts are dismissed and judgment otherwise unanimously affirmed. The fines paid on the sentences on the first and third counts are remitted. The findings of fact are affirmed. In view of the fact that no application for registration of the automobile in question was made, it may not be said that either of the written statements executed and delivered by appellant constituted a statement such as contemplated by subdivision 8 of section 70 Veh. Traf. of the Vehicle and Traffic Law. With respect to the third count, no evidence of an overt act in furtherance of the alleged conspiracy was adduced. Appeal from sentences dismissed. No separate appeal lies from the sentences, which have been reviewed on the appeal from the judgment of conviction. Nolan, P.J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.