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The People of the State of New York, Respondent v. B.M. Schlessinger

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


June 13, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, --
v.
B.M. SCHLESSINGER, APPELLANT.

Appeal from a judgment of the Justice Court of the Town of Orangetown, Rockland County (Paul B. Phinney, III, J.), rendered March 11, 2011.

People v B.M. Schlessinger

Decided on June 13, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.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., LaCAVA and IANNACCI, JJ

The judgment convicted defendant, after a non-jury trial, of speeding.

ORDERED that the judgment of conviction is affirmed.

On April 1, 2009, the People filed a simplified traffic information charging defendant with speeding (Vehicle and Traffic Law § 1180 [d]). The information alleged that on that date, at about 12:06 P.M., defendant had operated his motor vehicle at 70 miles per hour in a 50 miles per hour speed zone. At the conclusion of the People's case at a non-jury trial, defendant's counsel moved to dismiss the accusatory instrument 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, following the trial, found defendant guilty of the charged offense. On appeal, defendant argues that the trial proof failed to establish that he had been the operator of the vehicle to whom the officer had issued the uniform traffic ticket.

As the simplified traffic information contained entries sufficient to establish the identity of the person thereby charged, i.e., defendant herein, and as the complainant police officer testified that he had issued a uniform traffic ticket to the operator of the vehicle based on the driver's paperwork (see People v Klepper, 25 NY2d 46, 48 [1969]; People v Zelouf, 31 Misc 3d 127[A], 2011 NY Slip Op 50445[U] [App Term, 9th & 10th Jud Dists 2011]; 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]), we find that the proof established beyond a reasonable doubt that defendant was the operator of the vehicle to whom the officer had issued the ticket.

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur. Decision Date: June 13, 2012

20120613

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