Opinion
570456/19
09-25-2020
The PEOPLE of the State of New York, Respondent, v. Virgil AVERY, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Jay L. Weiner, J.), rendered May 20, 2019, affirmed.
The accusatory instrument was not jurisdictionally defective. Allegations that "the engine was running and defendant was behind the wheel on a public highway" 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 A.D.3d 527 [2014], lv denied 23 N.Y.3d 1059 [2014] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.