Opinion
No. 2011–514 K CR.
2013-03-25
The PEOPLE of the State of New York, Respondent, v. Albert TYTUTIN, Appellant.
Present: RIOS, J.P., PESCE and ALIOTTA, JJ.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Joanne Quinones, J.), rendered February 1, 2011. The judgment convicted defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the third degree.
ORDERED that the judgment of conviction is affirmed.
Defendant was charged in an accusatory instrument with aggravated unlicensed operation of a motor vehicle in the second degree (Vehicle and Traffic Law § 511[2] ). At his arraignment, defendant waived prosecution by information and pleaded guilty to aggravated unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511[1][a] ). On appeal, defendant contends that the accusatory instrument is a complaint and is jurisdictionally defective since it fails to allege facts establishing that he knew, or should have known, that his license had been suspended.
Although the accusatory instrument is denominated a “complaint/information,” we find that it is, in fact, a sufficient simplified traffic information since it designates the offense charged, substantially conforms to the form prescribed by the Commissioner of Motor Vehicles ( seeCPL 100.40[2]; Regulations of Commissioner of Motor Vehicles [15 NYCRR] § 91) and provides the court with sufficient information to establish that it has jurisdiction to hear the case ( see People v. Fernandez, 20 NY3d 44 [2012],affg 31 Misc.3d 144[A], 2011 N.Y. Slip Op 50932[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; People v. Ferro, 22 Misc.3d 7 [App Term, 9th & 10th Jud Dists 2008] ).
Accordingly, the judgment of conviction is affirmed.