Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

THE PEOPLE, res, v. OSCAR BARABONDEKA, def-app

12-276. THE PEOPLE, res, v. OSCAR BARABONDEKA, def-app — Judgment of conviction (Diana M. Boyar, J.), rendered January 24, 2012, affirmed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

12-276. THE PEOPLE, res, v. OSCAR BARABONDEKA, def-app — Judgment of conviction (Diana M. Boyar, J.), rendered January 24, 2012, 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 five times on more than five dates and has not been reinstated;” and that “defendant’s license was suspended for failure to answer a New York summons.” 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 defendant had “in effect three or more suspensions, imposed on at least three separate dates, for failure to answer, appear or pay a fine” (Vehicle and Traffic Law §511[2][a][iv]; see People v. Porras, 46 Misc 3d 149[A], 2015 NY Slip Op 50248[U] [App Term, 1st Dept. 2015], lv denied 25 NY3d 1206 [2015]).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Real Estate Associate - Warrington, PA

Description: Fox Rothschild has an opening in the Bucks County (Warrington), PA office for a Real Estate Associate. The ideal candidate will...


Apply Now ›
Intellectual Property (Trademark) Attorney - CT or Remote

Shipman & Goodwin is seeking an attorney with a minimum of eight years of experience to join our Intellectual Property practice. Candid...


Apply Now ›
Attorney 2

REPOST Applicants who have already applied need not reapply. When you come to work for New Jersey Judiciary you will join an 8500-membe...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements