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PEOPLE v. KIRKSEY

186 Misc.2d 514 (2000)

718 N.Y.S.2d 583

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL L. KIRKSEY, Defendant.

City Court of Ithaca.

November 8, 2000.

Attorney(s) appearing for the Case

Elizabeth A. Costello for defendant.

Margaret McCarthy, City Prosecutor of Ithaca (Robert Sarachan of counsel), for plaintiff.

OPINION OF THE COURT

JUDITH A. ROSSITER, J.

Defendant, Michael Kirksey, has been charged with aggravated 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...

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