Opinion
No. 2011–543 N CR.
2012-07-17
Present: NICOLAI, P.J., MOLIA and IANNACCI, JJ.
Appeal from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Leonard S. Clarke, J.H.O.), rendered January 14, 2011. The judgment convicted defendant, after a nonjury trial, of speeding.
ORDERED that the judgment of conviction is affirmed.
Following a nonjury trial, defendant was convicted of speeding (Vehicle and Traffic Law § 1180[b] ). On appeal, defendant contends, in effect, that there was insufficient proof to sustain her conviction. We affirm.
The testimony of the qualified police officer as to his visual estimate of the speed of defendant's vehicle, which exceeded the speed limit by more than 20 miles per hour, was legally sufficient to establish defendant's guilt beyond a reasonable doubt ( see People v. Olsen, 22 N.Y.2d 230, 232 [1968];People v. Cani, 17 Misc.3d 134[A], 2007 N.Y. Slip Op 52167[U] [App Term, 9th & 10th Jud Dists 2007] ). Moreover, the evidence that the arresting officer employed a properly calibrated laser device, which measured defendant's speed at 89 miles per hour, was similarly sufficient to prove the offense ( see People v. Goess, 34 Misc.3d 152[A], 2012 N.Y. Slip Op 50303[U] [App Term, 9th & 10th Jud Dists 2012] ).
Defendant's remaining contentions are dehors the record and, thus, have not been considered.
Accordingly, the judgment of conviction is affirmed.