| People v Fernandez (Sandy) |
| 2011 NY Slip Op 50932(U) |
| Decided on May 20, 2011 |
| Appellate Term, Second Department |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
PRESENT: : PESCE, P.J., WESTON and GOLIA, JJ
2009-225 K CR.
against
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. 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.[*2]
Decision Date: May 20, 2011