THE PEOPLE, res, v. MICHAEL OUTERBRIDGE, def-app

12-214. THE PEOPLE, res, v. MICHAEL OUTERBRIDGE, def-app — Judgment of conviction (Frank P. Nervo, J.), rendered November 30, 2011, affirmed.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

12-214. THE PEOPLE, res, v. MICHAEL OUTERBRIDGE, def-app — Judgment of conviction (Frank P. Nervo, J.), rendered November 30, 2011, affirmed.

In view of defendant’s knowing waiver of his right to prosecution by information, the accusatory instrument only had to satisfy the reasonable cause requirement (see People v. Dumay, 23 NY3d 518 [2014]). So viewed, the accusatory instrument was jurisdictionally valid, since it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of aggravated unlicensed operation of a motor vehicle in the second degree (see Vehicle and Traffic Law §511[2][a][iv]). The accusatory instrument alleged, inter alia, that at a specified time and location, defendant was observed operating a motor vehicle; that the computer check run by the officer of Department of Motor Vehicles records showed that defendant’s driver’s license had been suspended “on more than two times on more than two dates and has not been reinstated”; that “defendant’s license was suspended for failure to answer a New York summons”; that all such summonses contain a printed notice that “[i]f you do not answer this ticket by mail within 15 days your license will be suspended”; and “[d] efendant admitted to the officer that defendant’s license was suspended.” These factual allegations, “given a fair and not overly restrictive or technical reading” (People v. Casey, 95 NY2d 354, 360 [2000]), were sufficient, for pleading purposes, to establish the elements of the charged offense, including that at the time of the underlying incident, defendant was driving “while knowing or having reason to know” that his license was suspended (Vehicle and Traffic Law §511[1][a]; see People v. Maldonado, 42 Misc 3d 81 [2013]; People v. Crawley, 32 Misc 3d 131[A], 2011 NY Slip Op 51334[U] [App Term, 1st Dept 2011], lv denied 19 NY3d 863 [2012]. “[T]he statute only requires knowledge or reason to know of one such suspension, not of three suspensions” (People v. Abelo, 79 AD3d 668, 670 [2010]).

THE PEOPLE, res, v. MICHAEL OUTERBRIDGE, def-app

12-214. THE PEOPLE, res, v. MICHAEL OUTERBRIDGE, def-app — Judgment of conviction (Frank P. Nervo, J.), rendered November 30, 2011, affirmed.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal