SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
March 16, 2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
Appeal from judgments of the Justice Court of the Village of Great Neck Estates, Nassau County (Harold M. Hoffman, J.), rendered October 27, 2009.
People v Zelouf (Doreen)
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This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on March 16, 2011
PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ
The judgments convicted defendant, after a non-jury trial, of speeding and failing to signal when changing lanes.
ORDERED that the judgments of conviction are affirmed.
On September 15, 2007, the People filed simplified traffic informations charging defendant with speeding (Vehicle and Traffic Law § 1180 [d]) and failing to signal when changing lanes (Vehicle and Traffic Law § 1163 [d]). The informations alleged that on that date, at about 10:43 P.M., defendant operated her motor vehicle at 43 miles per hour in a 30 miles per hour speed zone and changed lanes without signaling. The non-jury trial took place in defendant's absence. At the close of the People's case, defendant's counsel moved to dismiss the accusatory instruments on the ground that the People had failed to prove the driver's identity beyond a reasonable doubt. The Justice Court denied the motion and found defendant guilty of the two traffic infractions. The sole claim on appeal is that the trial proof failed to establish defendant's identity as the operator of the vehicle to whom the officer issued the simplified traffic informations.
As the simplified traffic informations filed with the court contained entries sufficient to establish the identity of the person thereby charged, the defendant herein, and as the complainant testified that she had issued uniform traffic tickets to the operator of the vehicle based on the driver's paperwork (see People v Klepper, 25 NY2d 46, 48 ; People v Abrahams, NYLJ, Sept. 6, 1991 [App Term, 9th & 10th Jud Dists]; People v Jeck-Tisch, NYLJ, Aug. 25, 1988 [App Term, 9th & 10th Jud Dists]), the judgments of conviction are affirmed.
Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: March 16, 2011
© 1992-2011 VersusLaw Inc.