Legal Opinion

People v. Scherbner

New York Justice Court

Decided December 8, 2009Published

1Opinion of the Court

*798OPINION OF THE COURT

Martin I. Kaminsky, J.

Defendant is charged with a violation of section 319 (1) of the Vehicle and Traffic Law, while driving an automobile allegedly owned by someone else and traveling northbound on Route 106 in the Village of Muttontown.

Defendant moves to dismiss the charge on the ground that the simplified traffic information (i.e., traffic ticket) and supporting deposition, taken together, do not show that defendant had knowledge that the owner of the vehicle that defendant was driving did not have insurance. Proof of knowledge that the vehicle being driven is uninsured…

2Cases cited13 opinions

  1. United States v. Ralph Scopo, Jr.Court of Appeals for the Second Circuit · 1994
  2. People v. KeyNew York Court of Appeals · 1978
  3. People v. InserraNew York Court of Appeals · 2004
  4. United States v. James Jenkins, Derrick Luther, A/K/A Derrick HallCourt of Appeals for the Second Circuit · 2006
  5. People v. ChinRockville Centre Village Court · 1978

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