Opinion
19-385
01-22-2021
The PEOPLE of the State of New York, Respondent, v. Chassan RIVERA, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Michael Gaffey, J.), rendered March 12, 2019, affirmed.
Defendant pleaded guilty to unlicensed driving ( see Vehicle and Traffic Law § 509[1] ) in satisfaction of an accusatory instrument charging both unlicensed driving and aggravated unlicensed operation of a motor vehicle ( see Vehicle and Traffic Law § 511[1][a] ). With respect to the offense to which he pleaded guilty, the information was jurisdictionally valid because it set forth nonhearsay allegations which, "establish, if true, every element of the offense charged and the defendant's commission thereof" ( CPL 100.40[1][c] ; see People v Middleton , 35 NY3d 952, 954 [2020] ; People v Wheeler , 34 NY3d 1134, 1135 [2020] ). The instrument recited that defendant was observed operating a motor vehicle, and that a computer check run by the arresting officer of the records of the New York State Department of Motor Vehicles revealed that defendant's license was revoked, based upon three speeding or misdemeanor convictions within an 18-month period, and had not been reinstated. These allegations were sufficient for pleading purposes to establish that defendant was not "duly licensed" to operate the vehicle he was driving ( Vehicle and Traffic Law § 509[1] ; see People v Foster, 57 Misc 3d 136[A], 2017 NY Slip Op 51272[U] [App Term, 1st Dept 2017], lv denied 30 NY3d 1060 [2017] ). Defendant's knowledge that he was not duly licensed is not an element of the offense of unlicensed driving, and need not be pleaded (see People v Stoute, 59 Misc 3d 126[A], 2018 NY Slip Op 50338[U] [App Term, 1st Dept 2018], lv denied 31 NY3d 1122 [2018] ; see also People v Pacer, 6 NY3d 504, 513 [2006] ).
Since the information was jurisdictionally valid with respect to the offense to which defendant pleaded guilty, he is not aggrieved by any alleged defects in the other charged offense ( see People v Ruiz , 146 AD3d 417 [2017], lv denied 28 NY3d 1188 [2017] ; People v Valentin , 66 Misc 3d 136[A], 2020 NY Slip Op 50044[U][App Term, 1st Dept 2020], lv denied 35 NY3d 945 [2020] ).
All concur