| People v Altmann (Franklin) |
| 2007 NY Slip Op 50382(U) [14 Misc 3d 143(A)] |
| Decided on February 28, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from judgments of the Justice Court of the Town of Bedford, Westchester County (Kevin J. Quaranta, J.), rendered March 14, 2005. The judgments convicted defendant, after a nonjury trial, of aggravated unlicensed operation of a motor vehicle in the third degree, and, upon his guilty plea, of operating a motor vehicle drawing a trailer lacking an assigned number and displayed plate corresponding to a certificate of registration.
Judgments of conviction affirmed.
Upon considering the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we conclude that it was legally sufficient to
establish defendant's guilt of aggravated unlicensed operation of a motor vehicle in the third degree beyond a reasonable doubt. Vehicle and Traffic Law § 511 (1) (a) provides that a person is guilty of said offense "when such person operates a motor vehicle upon a public highway while knowing or having reason to know that such person's license is suspended, revoked or otherwise withdrawn by the commissioner." The testimony of the complainant officer with regard to defendant's operation of a motor vehicle and with regard to the revoked status of defendant's license, together with the documentary evidence offered by the People at the trial, was ample to establish that defendant drove while knowing or having reason to know of the revocation of his license (see Vehicle and Traffic Law § 214; People v Pabon, 167 Misc 2d 214 [1995]).
We do not presently pass upon the merits of defendant's contention herein that his license should, in view of documents attached to his appellant's brief, never have been suspended or revoked in the first instance, since the People properly assert that said documents are dehors the record (see Ocean Diagnostic Imaging P.C. v General Assur. Cos., 7 Misc 3d 127[A], 2005 NY Slip Op 50435[U] [App Term, 9th & 10th Jud Dists]). Defendant, if he be so advised, may move [*2]in the court below pursuant to CPL 440.10 (1) (g) to vacate the judgment of conviction.
Defendant's conviction relating to his operation of a motor vehicle drawing a trailer lacking an assigned number and displayed plate is left undisturbed in the absence of argument herein showing that his guilty plea to said offense was invalid.
Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: February 28, 2007