PEOPLE v. JEAN (2018)

Judgment of conviction (Felicia A. Mennin, J., at plea; Joanne B. Watters, J., at sentencing), rendered October 13, 2017, affirmed.

The accusatory instrument was not jurisdictionally defective. It charged all the elements of aggravated unlicensed operation of a motor vehicle in the third degree (see Vehicle and Traffic Law § 511[1][a] ). Allegations that the “key was in the ignition, the engine was running and the defendant was behind the wheel” satisfied the operation element of the offense (see 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.