People v. Stephens

OPINION OF THE COURT

John J. DeLury, J.

Accused of operating a motor vehicle with a forged registration plate and without proof of insurance, defendant contends the complaint lacks allegations which would establish, if true, the element of scienter. He therefore moves pursuant to CPL 170.30 (1) (a) and 170.35 (1) (a) to dismiss, for facial insufficiency, counts of criminal possession of a forged instrument in the third degree (Penal Law § 170.20), failure to have proof of financial security (Vehicle and Traffic Law § 319 [1]) and failure to display plates (Vehicle and Traffic Law § 402 [l]).1

The…