Legal Opinion

People v. Stewart

Appellate Division of the Supreme Court of the State of New York

Decided February 23, 2012PublishedCited by 6 opinions

1Opinion of the CourtKavanagh, J.

*1147Initially, we note that the charges of aggravated unlicensed operation of a motor vehicle in the first degree and unlicensed operation of a motor vehicle, as set forth in the SCI, simply alleged that defendant, at the time he committed these crimes, was operating a motor vehicle in a parking lot, and not on a public highway (see People v Hurell-Harring, 66 AD3d 1126, 1127 [2009]; People v Shaver, 290 AD2d 731, 731 [2002]; People v Hogabone, 278 AD2d 525, 526 [2000]). The People concede that to commit these crimes, defendant had to have operated the motor vehicle on a public highway and, as a…

2Cases cited13 opinions

  1. People v. LoureeNew York Court of Appeals · 2007
  2. People v. HillNew York Court of Appeals · 2007
  3. People v. GuerreroNew York Court of Appeals · 2009
  4. People v. HarnettNew York Court of Appeals · 2011
  5. People v. Hurell-HarringAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by6 opinions

  1. People v. LohnesAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. DeJesusAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. BennAppellate Division of the Supreme Court of the State of New York · 2018
  4. People v. DeJesusAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. LeighAppellate Division of the Supreme Court of the State of New York · 2026

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