People v. Garcia (Miguel)

Appellate Terms of the Supreme Court of New York

People v. Garcia (Miguel)

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 10, 2019

Docket2019 NYSlipOp 51451(U)

StatusPublished

This text of People v. Garcia (Miguel) (People v. Garcia (Miguel)) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Garcia (Miguel), (N.Y. Ct. App. 2019).

Pincite

Opinion

The People of the State of New York, Respondent,

against

Miguel Garcia, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Eileen Koretz, J.H.O.), rendered July 25, 2018, convicting him, upon his plea of guilty, of unlicensed operation of a motor vehicle, and imposing sentence.

Per Curiam.

Judgment of conviction (Eileen Koretz, J.H.O.), rendered July 25, 2018, affirmed.

The accusatory instrument was not jurisdictionally defective. Sworn police allegations that "the engine was running and the defendant was behind the wheel" satisfied the operation element of the charged Vehicle and Traffic Law offense (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 10, 2019

Free access — add to your briefcase to read the full text and ask questions with AI