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PEOPLE v. RIVERA

No. 71

16 N.Y.3d 654 (2011)

949 N.E.2d 964

926 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PETER RIVERA, Respondent.

Court of Appeals of New York.

Decided May 3, 2011.

Attorney(s) appearing for the Case

Janet DiFiore , District Attorney, White Plains ( Hae Jin Liu , Lois Cullen Valerio and Richard Longworth Hecht of counsel), for appellant.

Janet A. Gandolfo , Sleepy Hollow, for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ and JONES concur with Judge SMITH; Judge GRAFFEO dissents in a separate opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

SMITH, J.

We hold that a driver whose license has been revoked, but who has received a conditional license and failed to comply with its conditions, may be prosecuted only for the traffic infraction of driving for a use not authorized by his license, not for the crime of driving while his license is revoked.

I

On November 14, 2007, defendant was convicted of driving while...

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