Opinion
570328/14
09-17-2018
The PEOPLE of the State of New York, v. Oscar BARABONDEKA, Defendant-Appellant.
Judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered March 20, 2014, affirmed.
The accusatory instrument was not jurisdictionally defective. It charged all the elements of aggravated unlicensed operation of a motor vehicle in the third degree (see Vehicle and Traffic Law § 511[1][a] ). The information, including the prior order revoking defendant's license and proof of mailing of such order to defendant's last known address, was sufficient to establish that defendant's license had been revoked at the time of the underlying incident, and that defendant knew or had reason to know that his license had been revoked (see People v. Abutiate , 59 Misc. 3d 127[A], 2018 NY Slip Op. 50372[U] [App. Term, 1st Dept. 2018], lv denied 31 NY3d 1077 [2018] ; People v. Thompson , 52 Misc. 3d 145[A], 2016 NY Slip Op. 51287[U] [App. Term, 1st Dept. 2016], lv denied 28 NY3d 1076 [2016] ; People v. Crawley , 32 Misc. 3d 131[A], 2011 NY Slip Op. 51334[U] [App. Term, 1st Dept. 2011], lv denied 19 NY3d 863 [2012] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.