Opinion
No. 570766/15.
09-28-2017
The PEOPLE of the State of New York, Respondent, v. Shanice FOSTER, Defendant–Appellant.
Judgment of conviction (Ann E. Scherzer, J.), rendered July 1, 2015, affirmed.
The misdemeanor information charging defendant with unlicensed driving (see Vehicle and Traffic Law § 509[1] ) was not jurisdictionally defective. Sworn police allegations that at a specified time and street location, defendant was observed operating a motor vehicle, and that a computer check run by the officer of the records of the New York State Department of Motor Vehicles revealed that defendant's license was suspended for failure to answer a New York summons, were sufficient for pleading purposes to establish the elements of the offense, including that defendant was not "duly licensed" to operate the vehicle she was driving (see Vehicle and Traffic Law § 509[1] ; see also People v. Chatelain, 65 A.D.3d 930 [2009], lv denied 14 N.Y.3d 886 [2010] ; People v. Pate, 52 A.D.3d 1118 [2008], lv denied 11 N.Y.3d 740 [2008] ). No additional evidentiary details were required for the People's pleading to provide "adequate notice to enable defendant to prepare a defense and invoke h[er] protection against double jeopardy" ( People v. Kasse, 22 N.Y.3d 1142, 1143 [2014] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.