Opinion
2021-50557
06-17-2021
The People of the State of New York, Respondent, v. Steven Sanchez, Defendant-Appellant.
PRESENT: McShan, J.P., Brigantti, Hagler, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Kevin McGrath, J.), rendered October 18, 2016, convicting him, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the third degree, and imposing sentence.
Judgment of conviction (Kevin McGrath, J.), rendered, affirmed.
Since defendant waived the right to be prosecuted by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v Dumay, 23 N.Y.3d 518 [2014]). So viewed, the accusatory instrument was not jurisdictionally defective because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of third-degree aggravated unlicensed driving (see Vehicle and Traffic Law§ 511[1][a]). The instrument, including a certified abstract of defendant's driving record, alleged that defendant operated a motor vehicle on December 16, 2015 while his license was revoked because of a September 19, 2014 "DWI conviction"; and that defendant knew his license was revoked because the revocation order was sent to his last known address and informed him that his license would not be reinstated until he satisfied certain requirements, including payment of a $25 "suspension termination fee" (see People v Abutiate, 59 Misc.3d 127 [A], 2018 NY Slip Op 50372[U] [App Term, 1st Dept 2018], lv denied 31 N.Y.3d 1077 [2018]; People v Gerado, 55 Misc.3d 127 [A], 2017 NY Slip Op 50344[U] [App Term, 1st Dept 2017], lv denied 29 N.Y.3d 1079 [2017]; People v Thompson, 52 Misc.3d 145 [A], 2016 NY Slip Op 51287[U] [App Term, 1st Dept 2016], lv denied 28 N.Y.3d 1076 [2016]).