People v. Sandy Fernandez
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AT 2, 11, and 13 order dated May 20, 2011, affirming judgment of conviction. Decision below: 31 M3d 144(A), 2011 WL 2086591. Graffeo, J., granted leave August 17, 2011.
ISSUE PRESENTED: Whether the Appellate Term erred in holding that an accusatory instrument charging defendant with aggravated unlicensed operation of a vehicle in the third degree (VTL 511[1][a]) was a "simplified traffic information" even though it was titled "complaint/information" and included supporting factual allegations. (Assigned counsel: Steven Banks, Legal Aid Society, Criminal Appeals Bureau, 199 Water Street, NYC 10038.)
Nature of accusatory instrument