People v. Avery (Virgil)
Opinion
People v Avery (2020 NY Slip Op 51093(U)) [*1]
| People v Avery (Virgil) |
| 2020 NY Slip Op 51093(U) [68 Misc 3d 135(A)] |
| Decided on September 25, 2020 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 September 25, 2020
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Edmead, P.J., Cooper, Higgitt, JJ.
570456/19
against
Virgil Avery, Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Jay L. Weiner, J.), rendered May 20, 2019, convicting him, upon a plea of guilty, of unlicensed driving, and imposing sentence.
Per Curiam.
Judgment of conviction (Jay L. Weiner, J.), rendered May 20, 2019, affirmed.
The accusatory instrument was not jurisdictionally defective. Allegations that "the engine was running and defendant was behind the wheel on a public highway" satisfied the operation element of the charged Vehicle and Traffic Law offenses (see People v Alamo, 34 NY2d 453, 458-459 [1974]; People v Almanzar, 113 AD3d 527 [2014], lv denied 23 NY3d 1059 [2014]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: September 25, 2020
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