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The People of the State of New York v. Yosef D. Hirsch

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


December 15, 2010

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
YOSEF D. HIRSCH,
APPELLANT.

Appeal from a judgment of the Justice Court of the Town of Monroe, Orange County (Jack J. Rosenthal, J.), rendered May 14, 2009.

People v. Hirsch (Yosef)

Decided on December 15, 2010 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: NICOLAI, P.J., MOLIA and LaCAVA, JJ

The judgment convicted defendant, after a non-jury trial, of driving across hazard markings.

ORDERED that the judgment of conviction is reversed, as a matter of discretion in the interest of justice, the simplified traffic information is dismissed, and the fine, if paid, is remitted.

Defendant was charged with driving across hazard markings (Vehicle and Traffic Law § 1128 [d]), in that he crossed double yellow lines dividing the road. The trooper's testimony, indicating that he had observed defendant drive across double yellow lines, failed to establish a violation of Vehicle and Traffic Law § 1128 (d) (see People v Sykes, 27 Misc 3d 133[A], 2010 NY Slip Op 50703[U] [App Term, 9th & 10th Jud Dists 2010]; cf. Vehicle and Traffic Law § 1126 [a]). "[I]t is not inherently unlawful to cross such lines, and thus, such lines do not represent markings which indicate portions of a roadway where crossing such markings would be especially hazardous' in violation of Vehicle and Traffic law § 1128 (d)" (People v Sykes, 27 Misc 3d 133[A], 2010 NY Slip Op 50703[U]). Accordingly, the judgment of conviction is reversed and the accusatory instrument is dismissed.

In light of the foregoing, we need not address defendant's remaining contentions.

Nicolai, P.J., Molia and LaCava, JJ., concur. Decision Date: December 15, 2010

20101215

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