Appeal from a judgment of the Justice Court of the Town of Somers, Westchester County (Denis J. Timone, J.), rendered November 10, 2009. The judgment convicted defendant, after a non-jury trial, of speeding.
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This opinion is uncorrected and will not be published in the printed Official Reports.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., TANENBAUM and LaCAVA, JJ.
ORDERED that the judgment of conviction is reversed, on the law, and the matter is remitted to the Justice Court for a new trial.
Defendant was charged in a simplified traffic information with speeding (Vehicle and Traffic Law § 1180 [d]). On the trial date, defendant, appearing without counsel, attempted to accept a previously offered plea bargain, but it had been withdrawn. The trial proceeded despite defendant's request for an adjournment so that she could retain counsel. Following trial, defendant was convicted as charged.
Although defendant received written notice that she had a right to counsel (CPL 170.10  [a]), she was never informed in any writing or by the Justice Court that she had a right to an adjournment as a matter of law to obtain counsel (CPL 170.10  [a];  [a]; People v Schonfeld, 26 Misc 3d 74 [App Term, 9th & 10th Jud Dists 2009]; People v Rios, 9 Misc 3d 1 [App Term, 9th & 10th Jud Dists 2005]; cf. CPL 170.10 ). The court should have granted defendant's request for an adjournment to obtain counsel (see CPL 170.10 ; see Rios, 9 Misc 3d at 3). Accordingly, the judgment of conviction is reversed and the matter is remitted to the Justice Court for a new trial.
Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: May 12, 2011
© 1992-2011 VersusLaw ...