People v. Kirksey

OPINION OF THE COURT

Judith A. Rossiter, J.

Defendant, Michael Kirksey, has been charged with ag*515gravated unlicensed operation of a motor vehicle in the third degree under Vehicle and Traffic Law § 511 (1) (a), a misdemeanor. There are three elements that the prosecution must prove in order to obtain a conviction: (1) that the defendant was actually operating a motor vehicle; (2) that the motor vehicle was on a public highway; and (3) that the defendant had knowledge that his or her privilege to operate a motor vehicle was suspended or revoked. (Carrieri, Practice Commentaries, McKinney’s Cons…