Legal Opinion
People v. Quiroga-Puma
Appellate Terms of the Supreme Court of New York
Decided April 24, 2009PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order reversed, on the law, accusatory instrument reinstated, and matter remitted to the Justice Court for all further proceedings thereon.
After defendant was charged with unlicensed operation of a motor vehicle (Vehicle and Traffic Law § 509 [1]), the Justice Court, sua sponte, dismissed the accusatory instrument on the ground that Vehicle and Traffic Law § 502 (1) and § 509 (1), insofar as they require identity documentation as a condition of the issuance of a driver’s license, are unconstitutional as applied to defendant. The court reasoned that because…
2Cases cited10 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- People v. LopezNew York Court of Appeals · 2006
- Bell v. BursonSupreme Court of the United States · 1971
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- In re Sarah K.New York Court of Appeals · 1985
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3Cited by2 opinions
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