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] ).