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People v. Celauro

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 52015 (N.Y. App. Term 2009)

Opinion

2008-1286 N CR.

Decided June 29, 2009.

Appeal from judgments of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Salvatore Nicosia, J.H.O.), rendered May 30, 2008. The judgments convicted defendant, after a nonjury trial, of operating a motor vehicle without liability insurance, operating a motor vehicle without being duly licensed and operating a motor vehicle while unrestrained by a safety belt.

Judgments of conviction affirmed.

PRESENT: RUDOLPH, P.J., TANENBAUM and NICOLAI, JJ.


Defendant was convicted after trial before the Nassau County Traffic and Parking Violations Agency upon evidence establishing that he operated a motor vehicle without insurance, a driver's license and a fastened seat belt (Vehicle and Traffic Law §§ 319; 509, 1229-c [3]). On appeal, he raises the issue of whether there was subject matter jurisdiction.

The Court of Appeals has held that the Nassau County Traffic and Parking Violations Agency is a branch of the Nassau County District Court, which court has jurisdiction to adjudicate simplified traffic informations ( Matter of Dolce v Nassau County Traffic Parking Violations Agency , 7 NY3d 492 , 495; see People v Stoliarov , 21 Misc 3d 135 [A], 2008 NY Slip Op 52209[U] [App Term, 9th 10th Jud Dists 2008]). Thus, defendant's assertion that the trial court was without subject matter jurisdiction to adjudicate the simplified traffic informations is without merit.

The other issues raised herein are either similarly without merit or unpreserved for appellate review.

Accordingly, the judgments of conviction are affirmed.

Rudolph, P.J., Tanenbaum and Nicolai, JJ., concur.


Summaries of

People v. Celauro

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 52015 (N.Y. App. Term 2009)
Case details for

People v. Celauro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAL CELAURO, JR.…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jun 29, 2009

Citations

2009 N.Y. Slip Op. 52015 (N.Y. App. Term 2009)
901 N.Y.S.2d 909