People v. Abelo

Nardelli and DeGrasse, JJ.,

dissent in a memorandum by DeGrasse, J., as follows: I respectfully dissent and would affirm the judgment of conviction. The crime of second-degree aggravated unlicensed operation of a motor vehicle has a mens rea element. Conviction requires proof that, among other things, a defendant knew or had reason to know that his or her driving privileges in this state have been suspended, revoked or otherwise withdrawn by the Commissioner of Motor Vehicles (Vehicle and Traffic Law § 511 [2]). Defendant’s driving abstract, a business record of the Department of Motor…