PEOPLE v. RICHARDSON (2020)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Freddy RICHARDSON a/k/a Freddie Richardson, Defendant-Appellant.

570049 /19

Decided: March 30, 2020

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

Judgment of conviction (Eileen Koretz, J.H.O.), rendered December 18, 2018, affirmed.

The accusatory instrument was not jurisdictionally defective. Sworn police allegations that defendant was “behind the wheel” of a vehicle, while “the key was in the ignition [and] the engine was running,” satisfied the operation element of the charged Vehicle and Traffic Law offenses (see People v. Alamo, 34 N.Y.2d 453, 458—459 [1974]; People v. Almanzar, 113 AD3d 527 [2014], lv denied 23 N.Y.3d 1059 [2014]).

We perceive no basis for reducing the $100 fine. Defendant received the precise sentence for which he had bargained, which was within the permissible statutory range (see Vehicle and Traffic Law § 509[11]).

Per Curiam.

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Out of date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