| People v Esposito |
| 2019 NY Slip Op 04448 [33 NY3d 1016] |
| June 6, 2019 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, July 10, 2019 |
| The People of the State of New York, Appellant, v Monique Esposito, Respondent. |
Decided June 6, 2019
People v Esposito, 60 Misc 3d 60, reversed.
Michael E. McMahon, District Attorney, Staten Island (Alexander Fumelli and Morrie I. Kleinbart of counsel), for appellant.
Paul Skip Laisure, Appellate Advocates, New York City (Michael Arthus of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and case remitted to the Appellate Term, Second Department,{**33 NY3d at 1017} Second, Eleventh and Thirteenth Judicial Districts, for consideration of the facts and issues raised, but not determined, on the appeal to that court. The factual allegations in the accusatory instrument were sufficient to support the inference that defendant was the operator of the vehicle involved in the accident and, thus, Appellate Term erroneously dismissed the accusatory instrument on that ground.
Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.