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PEOPLE v. ABELO

14 Misc.3d 818 (2006)

831 N.Y.S.2d 838

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. EDDIE ABELO, Defendant.

Supreme Court, Bronx County.

December 6, 2006.

Attorney(s) appearing for the Case

Legal Aid Society, Bronx (Melissa A. Loehr of counsel), for defendant.

Robert T. Johnson, District Attorney, Bronx (Matthew P. Sotirhiros of counsel), for plaintiff.

OPINION OF THE COURT

RALPH A. FABRIZIO, J.

This case deals with the general question of what mens rea is required for the commission of aggravated unlicensed operation of a motor vehicle in the second degree (Vehicle and Traffic Law § 511 [2] [a] [iv]), and the specific question of whether the People have presented legally sufficient evidence at trial to demonstrate that mens rea and thereby defeat...

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