People v Almanzar
2014 NY Slip Op 00426 [113 AD3d 527]
January 23, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
Albin Almanzar, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Joseph Ferdenzi of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Robert A. Sackett, J.), rendered March 9, 2012, convicting defendant, upon his plea of guilty, of operating a motor vehicle while under the influence of alcohol, and sentencing him to a conditional discharge for a period of one year and a $300 fine, unanimously affirmed.

The information was not jurisdictionally defective. Allegations that defendant was behind the steering wheel of a car with its motor running satisfied the operation element of the offense charged (see People v Alamo, 34 NY2d 453 [1974]). Concur—Tom, J.P., Acosta, Andrias, Freedman and Feinman, JJ.