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The People of the State of New York, Respondent v. Franshawn Carney

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


April 8, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, --
v.
FRANSHAWN CARNEY, APPELLANT.

Appeal from a judgment of the City Court of Poughkeepsie, Dutchess County (John B. Garrity, J.), rendered November 12, 2010.

People v Carney (Franshawn)

Decided on April 8, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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: IANNACCI, J.P., MARANO and TOLBERT, JJ

The judgment convicted defendant, after a non-jury trial, of failing to wear a seatbelt.

ORDERED that the judgment of conviction is affirmed.

Defendant was convicted, after a non-jury trial, of violating Vehicle and Traffic Law § 1129-c (3-a) in that she had operated her automobile without properly wearing the shoulder harness portion of her seatbelt. On appeal, defendant does not contest the sufficiency of the proof of guilt. Rather, she argues, in effect, that the City Court improvidently exercised its discretion in refusing to grant her an adjournment to obtain proof of a medical condition alleged to prevent her from properly wearing her seatbelt. On this record, it cannot be said that the denial of an adjournment was an improvident exercise of discretion (People v Struss, 79 AD3d 773, 774 [2010]; People v McRae, 62 AD3d 723, 724 [2009]; see also People v Spears, 64 NY2d 698, 699-700 [1984]). Defendant failed to establish that a medical condition prevented her from properly wearing a seatbelt and that such inability would legally entitle her to operate a motor vehicle without proper restraint. We note that the documentation attached to defendant's appellate brief is dehors the record and may not be considered (see Chimarios v Duhl, 152 AD2d 508 [1989]).

Accordingly, the judgment of conviction is affirmed. Iannacci, J.P., Marano and Tolbert, JJ., concur. Decision Date: April 08, 2013

20130408

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