X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

16-035. THE PEOPLE, res, v. SHANICE FOSTER, def-app — Judgment of conviction (Ann E. Scherzer, J.), rendered July 1, 2015, affirmed.

The misdemeanor information charging defendant with unlicensed driving (see Vehicle and Traffic Law §509[1]) was not jurisdictionally defective. Sworn police allegations that at a specified time and street location, defendant was observed operating a motor vehicle, and that a computer check run by the officer of the records of the New York State Department of Motor Vehicles revealed that defendant’s license was suspended for failure to answer a New York summons, were sufficient for pleading purposes to establish the elements of the offense, including that defendant was not “duly licensed” to operate the vehicle she was driving (see Vehicle and Traffic Law §509[1]; see also People v. Chatelain, 65 AD3d 930 [2009], lv denied 14 NY3d 886 [2010]; People v. Pate, 52 AD3d 1118 [2008], lv denied 11 NY3d 740 [2008]). No additional evidentiary details were required for the People’s pleading to provide “adequate notice to enable defendant to prepare a defense and invoke h[er] protection against double jeopardy” (People v. Kasse, 22 NY3d 1142, 1143 [2014]).

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
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
April 16, 2024 - April 17, 2024
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
April 16, 2024 - April 17, 2024
New York, NY

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More

Duane Morris LLP seeks a highly motivated junior associate to join its dynamic and growing Labor and Employment Class Action group in Chicag...


Apply Now ›

Duane Morris LLP seeks a full-time staff litigation attorney who has practiced between 3-5 years. Experience will include drafting motions, ...


Apply Now ›

Duane Morris LLP has an immediate opening for a senior level, highly motivated litigation associate to join its dynamic and growing Employme...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›