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People v. Condon (James)

Appellate Term of the Supreme Court of New York, Second Department
Nov 20, 2008
2008 N.Y. Slip Op. 52381 (N.Y. App. Term 2008)

Opinion

2008-364 W CR.

Decided November 20, 2008.

Appeal from a judgment of the Justice Court of the Village of Irvington, Westchester County (Lawrence H. Ecker, J.), rendered December 20, 2007. The judgment convicted defendant, after a nonjury trial, of operating a truck without a Department of Transportation number.

Judgment of conviction affirmed.

PRESENT: RUDOLPH, P.J., McCABE and MOLIA, JJ.


Following a nonjury trial, defendant was found guilty of the traffic infraction of operating a truck with a wood-chipping trailer while lacking a Department of Transportation number for the truck (Transportation Law § 140 [d]). On appeal, he raises several procedural matters, including that the Justice Court lacked jurisdiction over the offense.

Vehicle and Traffic Law § 1612, which states, "The supreme court shall have jurisdiction to enforce the provisions of this article or any orders issued thereunder or to enjoin the enforcement thereof," was not intended to deprive local courts of their jurisdiction to hear and determine traffic infractions ( see CPL 1.20; 10.30 [1] [a]; UJCA 2001; People v Gilberg, 21 NYS2d 920 [1940]).

The remaining contentions raised upon this appeal are similarly lacking in merit.

Accordingly, the judgment of conviction is affirmed.

Rudolph, P.J., McCabe and Molia, JJ., concur.


Summaries of

People v. Condon (James)

Appellate Term of the Supreme Court of New York, Second Department
Nov 20, 2008
2008 N.Y. Slip Op. 52381 (N.Y. App. Term 2008)
Case details for

People v. Condon (James)

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES J. CONDON…

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

Date published: Nov 20, 2008

Citations

2008 N.Y. Slip Op. 52381 (N.Y. App. Term 2008)