PEOPLE v. CADOGAN (2020)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Armando CADOGAN, Defendant-Appellant.

570536 /17

Decided: May 18, 2020

PRESENT: Shulman, P.J., Cooper, Edmead, JJ.

Judgment of conviction (Guy H. Mitchell, J.), rendered August 3, 2017, affirmed.

The accusatory instrument was not jurisdictionally defective. Sworn police allegations that "the engine was running and defendant was behind the wheel on a public street" satisfied the operation element of the charged Vehicle and Traffic Law offenses (see People v Alamo, 34 NY2d 453, 458-459 [1974]; People v Almanzar, 113 AD3d 527 [2014], lv denied23 NY3d 1059 [2014] ).

Per Curiam.

All concur.

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