In People v. Prescott, 95 N.Y.2d 655 (2001), the Court of Appeals definitively answered the question of what constitutes "operation" of a motor vehicle under V &T 1192. The Prescott Court stated that a driver "operates" a motor vehicle within the meaning of V&T 1192 when 'he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of the vehicle.' Id. at 662 . The Prescott Court further stated that "criminal liability under section 1192 can attach to conduct 'dangerously close' to driving, as long as that conduct occurs upon locations covered by the statute." Id. . The Court rejected the application of Penal Law 110.00 (attempt to commit a crime) to Vehicle and Traffic Law articles 31 and 20. The Court said "the People are asking the courts to create an offense not contemplated by the detailed statutory scheme." (Prescott, supra, at 661.) The Court ruled, after acknowledging while such was theoretically possible, that "in light of the distinct nature of article 31 [and article 20] of the Vehicle and Traffic Law, the statute's exclusive penalties, and the highly integrated statutory scheme, the Legislature did not contemplate" (Prescott, supra, at 663) adding another offense arising from the proscribed conduct. The Court concluded, "[a] determination otherwise would only lead to judicial and administrative confusion" (Prescott, supra, at 663).