People v. Kouyate

OPINION OF THE COURT

Sheryl L. Parker, J.

The defendant, Daouda Kouyate, stands charged with one count of aggravated unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511 [1]), and one count of unlicensed operation of a vehicle (Vehicle and Traffic Law § 509 [1]), both traffic infractions. Defendant now moves to dismiss the accusatory instrument for "failure to file a proper accusatory instrument.”

Defendant was arraigned upon the instant matter on June 17, 1993. The factual portion of the accusatory instrument states: "Deponent observed the defendant…