People v. Abney

— Judgment unanimously modified on the law and as modified affirmed, in accordance with the following Memorandum: The People concede that the evidence at trial was insufficient to establish that defendant, as a nonowner operator of the vehicle, knew that there was not proper insurance on the car. Since it was incumbent upon the prosecution, as part of its case, to prove knowledge of facts on the part of the accused sufficient to " 'constitute the act or omission’ ” (People v Shapiro, 4 NY2d 597, 600), defendant’s conviction, under count seven of the indictment, for operation of an uninsured…