Opinion
2014-01-23
The PEOPLE of the State of New York, Respondent, v. Albin ALMANZAR, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Joseph Ferdenzi of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Joseph Ferdenzi of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Robert A. Sackett, J.), rendered March 9, 2012, convicting defendant, upon his plea of guilty, of operating a motor vehicle while under the influence of alcohol, and sentencing him to a conditional discharge for a period of one year and a $300 fine, unanimously affirmed.
The information was not jurisdictionally defective. Allegations that defendant was behind the steering wheel of a car with its motor running satisfied the operation element of the offense charged ( see People v. Alamo, 34 N.Y.2d 453, 358 N.Y.S.2d 375, 315 N.E.2d 446 [1974] ). TOM, J.P., ACOSTA, ANDRIAS, FREEDMAN, FEINMAN, JJ., concur.