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The People of the State of New York v. Sandy Fernandez

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


May 20, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
SANDY FERNANDEZ,
APPELLANT.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Miriam Cyrulnick, J.), rendered January 9, 2009.

New York Supreme and/or Appellate Courts

People v Fernandez (Sandy)

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 20, 2011

PRESENT: PESCE, P.J., WESTON and GOLIA, JJ

The judgment convicted defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the third degree.

ORDERED that the judgment of conviction is affirmed.

Defendant was charged in an accusatory instrument with aggravated unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511 [1] [a]). At the plea proceeding, defendant pleaded guilty to the charge. On appeal, defendant contends that the accusatory instrument is a complaint and it is jurisdictionally defective since the factual portion of the complaint fails to allege facts establishing that defendant had reason to know that he was driving with a revoked license.

Contrary to defendant's contention, although the accusatory instrument is denominated a "complaint/information," it is a sufficient simplified traffic information since it designates the offense charged, substantially conforms to the form prescribed by the Commissioner of Motor Vehicles (CPL 100.40 [2]; Regulations of Commissioner of Motor Vehicles [15 NYCRR] § 91) and provides the court with sufficient information to establish that it has jurisdiction to hear the case (see People v Ferro, 22 Misc 3d 7 [App Term, 9th & 10th Jud Dists 2008]).

Accordingly, the judgment convicting defendant of aggravated unlicensed operation of a motor vehicle in the third degree is affirmed.

Weston and Golia, JJ., concur.

Pesce, P.J., taking no part.

Decision Date: May 20, 2011

20110520

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