Legal Opinion

People v. Abelo

New York Supreme Court

Decided December 6, 2006PublishedCited by 3 opinions

1Opinion of the Court

*819OPINION OF THE COURT

Ralph A. Fabrizio, J.

This case deals with the general question of what mens rea is required for the commission of aggravated unlicensed operation of a motor vehicle in the second degree (Vehicle and Traffic Law § 511 [2] [a] [iv]), and the specific question of whether the People have presented legally sufficient evidence at trial to demonstrate that mens rea and thereby defeat the defense motion to dismiss at the close of the People’s case.

The defendant is before the court on a nonjury trial, charged with a violation of Vehicle and Traffic Law § 511 (2) (a) (iv),…

2Cases cited19 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. People v. RyanNew York Court of Appeals · 1993
  3. New York State Bankers Ass'n v. AlbrightNew York Court of Appeals · 1975
  4. Giblin v. Nassau County Medical CenterNew York Court of Appeals · 1984
  5. People v. SabellaNew York Court of Appeals · 1974

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3Cited by3 opinions

  1. People v. AbeloAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. AbeloAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. Frias-AcevedoCriminal Court of the City of New York · 2010

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