CJI2d[NY] Vehicle & Traffic Law § 600(1)(a)

The (specify) count is Leaving the Scene of an Incident Without Reporting.

Under our law, any person operating a motor vehicle who knows or has cause to know¹ that damage has been caused to the real property or to the personal property, not including animals, of another, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred, stop, exhibit his or her license [and insurance identification card for such vehicle, when such card is required],² and give his or her name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer.

The term “motor vehicle” used in this definition has its own special meaning in our law.

MOTOR VEHICLE means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.³

In order for you to find the defendant guilty of this offense, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements:

1. That on or about (date) , in the county of (county), the defendant, (defendant’s name), operated a motor vehicle;

2. That at that time and place, the defendant knew or had cause to know that damage had been caused to the real property or to the personal property, [ not including animals,] of another, due to an incident involving the motor vehicle operated by the defendant; and

3. That the defendant did not, before leaving the place where the damage occurred, stop, exhibit his or her license [and insurance identification card for such vehicle, when such card is required], and give his or her name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage was not present at the place where the damage occurred then he/she did not report the same as soon as physically able to the nearest police station, or judicial officer.

If you find that the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find that the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.