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People v. Braunstein

Supreme Court, Appellate Term, Second Dept., 9th and 10th Judicial Districts.
Oct 1, 2014
45 Misc. 3d 127 (N.Y. App. Term 2014)

Opinion

No. 2013–299 N C.

2014-10-1

The PEOPLE of the State of New York, Respondent, v. Jacob BRAUNSTEIN, Appellant.


Present: IANNACCI, J.P., MARANO and GARGUILO, JJ.

Appeal from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Kenneth S. Diamond, J.H.O.), entered December 12, 2012. The judgment, after a nonjury trial, imposed a $50 civil liability upon defendant as the owner of a vehicle which had failed to stop at a red light.

ORDERED that the judgment is affirmed, without costs.

This action was commenced to impose a civil liability upon defendant as the owner of a vehicle which had been recorded by a camera making a right turn on a red light without coming to a full stop in violation of Local Law No. 12 (2009) of the County of Nassau ( see Vehicle and Traffic Law §§ 1111–b, 1111 [d] ). At a nonjury trial, the People's evidence consisted of photographs of defendant's vehicle at the scene, a video, and a certificate by a technician certifying that he had reviewed the video and photographs and had determined that defendant's vehicle had not come to a full stop at a red traffic light before the operator of the vehicle had made a right turn, in violation of Vehicle and Traffic Law § 1111(d). Contrary to defendant's contention, the evidence adduced at trial established, prima facie, that defendant had failed to come to a full stop (Vehicle and Traffic Law §§ 1111–b [d]; 146) before making a right turn on red.

We have reviewed defendant's remaining contentions and find them to be either without merit or unpreserved for appellate review.

Accordingly, the judgment is affirmed.

IANNACCI, J.P., MARANO and GARGUILO, JJ., concur.


Summaries of

People v. Braunstein

Supreme Court, Appellate Term, Second Dept., 9th and 10th Judicial Districts.
Oct 1, 2014
45 Misc. 3d 127 (N.Y. App. Term 2014)
Case details for

People v. Braunstein

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Jacob BRAUNSTEIN…

Court:Supreme Court, Appellate Term, Second Dept., 9th and 10th Judicial Districts.

Date published: Oct 1, 2014

Citations

45 Misc. 3d 127 (N.Y. App. Term 2014)
2014 N.Y. Slip Op. 51457
998 N.Y.S.2d 307

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