PEOPLE v. BAAFI (2022)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Clement BAAFI, Defendant-Appellant.

570001 /21

Decided: June 15, 2022

PRESENT: Hagler, J.P., Tisch, Michael, JJ.

Judgment of conviction (Michael John Hartofilis, J.), rendered January 15, 2020, 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 NY3d 518, 522 [2014]) So viewed, the accusatory instrument was jurisdictionally valid. Sworn police allegations that defendant was observed “seated behind the steering wheel, keys inside the vehicle” with the “engine running [and] headlights on” satisfied the operation element of the charged Vehicle and Traffic Law offenses (see Vehicle and Traffic Law § 1192[1],[3]; People v Alamo, 34 NY2d 453, 458-459 [1974]; People v Almanzar, 113 AD3d 527 [2014], lv denied 23 NY3d 1059 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network