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People v. Richardson

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Mar 30, 2020
67 Misc. 3d 127 (N.Y. App. Term 2020)

Opinion

570049/19

03-30-2020

The PEOPLE of the State of New York, Respondent, v. Freddy RICHARDSON a/k/a Freddie Richardson, Defendant-Appellant.


Per Curiam.

Judgment of conviction (Eileen Koretz, J.H.O.), rendered December 18, 2018, affirmed.

The accusatory instrument was not jurisdictionally defective. Sworn police allegations that defendant was "behind the wheel" of a vehicle, while "the key was in the ignition [and] the engine was running," satisfied the operation element of the charged Vehicle and Traffic Law offenses (see People v. Alamo , 34 N.Y.2d 453, 458—459 [1974] ; People v. Almanzar , 113 AD3d 527 [2014], lv denied 23 N.Y.3d 1059 [2014] ).

We perceive no basis for reducing the $100 fine. Defendant received the precise sentence for which he had bargained, which was within the permissible statutory range (see Vehicle and Traffic Law § 509[11] ).


Summaries of

People v. Richardson

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Mar 30, 2020
67 Misc. 3d 127 (N.Y. App. Term 2020)
Case details for

People v. Richardson

Case Details

Full title:The People of the State of New York, Respondent, v. Freddy Richardson…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Mar 30, 2020

Citations

67 Misc. 3d 127 (N.Y. App. Term 2020)
2020 N.Y. Slip Op. 50376
126 N.Y.S.3d 297

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