People v. Santiago

168 Misc. 2d 883, 645 N.Y.S.2d 746, 1996 N.Y. Misc. LEXIS 222
CourtCriminal Court of the City of New York
DecidedJune 13, 1996
StatusPublished
Cited by3 cases

This text of 168 Misc. 2d 883 (People v. Santiago) is published on Counsel Stack Legal Research, covering Criminal Court of the City 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. Santiago, 168 Misc. 2d 883, 645 N.Y.S.2d 746, 1996 N.Y. Misc. LEXIS 222 (N.Y. Super. Ct. 1996).

Opinion

OPINION OF THE COURT

Robert M. Stolz, J.

Defendant Edwin Santiago is charged with aggravated unlicensed operation of a motor vehicle in the second degree (Vehicle and Traffic Law § 511 [2] [a] [iv]). By way of omnibus motion, defendant moves for various forms of relief.

Although factually sparse, the misdemeanor complaint in this case states that on November 28, 1995, defendant was observed operating a motor vehicle on a public highway. An examination of the records of the Department of Motor Vehicles (DMV) conducted by the arresting officer revealed that defendant’s driver’s license had been suspended nine times on three different dates and had not been reinstated.

MOTION TO DISMISS FOR FAILURE TO STATE AN ESSENTIAL ELEMENT

Defendant moves to dismiss on the ground that the People have failed to provide sufficient nonhearsay corroboration of defendant’s knowledge that his license was suspended, as required by Vehicle and Traffic Law § 511.

A jurisdictionally sufficient information must satisfy the statutory requirements of CPL 100.40 and 100.15 in that the totality of the allegations against the defendant must demonstrate reasonable cause to believe that the defendant committed a crime, and must recite a legally sufficient, or prima facie, case to support that belief. Nonhearsay factual allegations must support each element of the offense charged. (People v Alejandro, 70 NY2d 133 [1987]; People v Dumas, 68 NY2d 729; CPL 170.30, 170.35.)

[885]*885Vehicle and Traffic Law § 511 (1) (a) plainly states that one must "know [] or hav[e] reason to know that [his] license * * * is suspended, revoked or otherwise withdrawn by the commissioner” (emphasis added). Here, the complaint states that defendant’s license had been suspended nine times on three different occasions for failure to answer summonses. Moreover, the complaint recites that all such summonses have printed on them "if you do not answer this ticket by mail within fifteen (15) days your license will be suspended.” The court finds these allegations sufficient to support a finding that defendant had "reason to know” his license had been suspended.

Citing People v Isabel (NYLJ, May 7, 1993, at 26, col 5 [Crim Ct, NY County]), defendant argues that the complaint may not be deemed an information until the People submit three "corroborating documents”, of which the People have submitted only two. In Isabel, the People submitted only a copy of defendant’s DMV abstract, and the court held that additional nonhearsay evidence of defendant’s knowledge of suspension or revocation such as that set forth in Vehicle and Traffic Law § 214,

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Related

People v. Moya
192 Misc. 2d 670 (Criminal Court of the City of New York, 2002)
State v. Perkins
760 So. 2d 85 (Supreme Court of Florida, 2000)
People v. Cobb
182 Misc. 2d 808 (Criminal Court of the City of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
168 Misc. 2d 883, 645 N.Y.S.2d 746, 1996 N.Y. Misc. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-santiago-nycrimct-1996.