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The People of the State of New York v. Lior Cohen

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


July 7, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
LIOR COHEN,
APPELLANT.

Appeal from a judgment of the Justice Court of the Village of Great Neck Estates, Nassau County (Steven P. Raymond, J.), rendered November 24, 2009. The judgment convicted defendant, after a non-jury trial, of passing a stopped school bus.

People v Cohen (Lior)

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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 7, 2011

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

ORDERED that the judgment of conviction is affirmed.

After a non-jury trial, defendant was convicted of passing a stopped school bus (Vehicle and Traffic Law § 1174 [a]). Defendant's claim, that the simplified traffic information was jurisdictionally defective because it alleged an offense which occurred outside the boundary of the Village of Great Neck Estates and beyond the scope of employment of the Village of Great Neck Estate's police officer who charged defendant with the traffic infraction (CPL 20.50 [2]; see also CPL 100.55 [5]), is not preserved for appellate review (CPL 470.05 [2]; People v Schonfeld, 26 Misc 3d 74, 75 [App Term, 9th & 10th Jud Dists 2009]). In the circumstances presented, we decline to address the issue in the interest of justice.

Accordingly, the judgment of conviction is affirmed.

Iannacci, J.P., Nicolai and Molia, JJ., concur. Decision

Date: July 07, 2011

20110707

© 1992-2011 VersusLaw Inc.



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