Opinion
2003-412 RO CR.
Decided December 23, 2003.
Appeal by defendant from a judgment of the Justice Court, Village of Chestnut Ridge, Rockland County (J. Suarez, J.), rendered February 12, 2003, convicting him, after trial, of failing to stop at a stop sign (Vehicle and Traffic Law § 1172 [a]) and imposing sentence.
Judgment of conviction unanimously reversed on the law and facts, accusatory instrument dismissed and fine, if paid, remitted.
PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.
The simplified traffic information was sufficient on its face since it "adequately designate[d] the offense with which defendant was charged" ( People v. Corn, NYLJ, Nov. 13, 1985 [App Term, 9th 10th Jud Dists]; see CPU 100.10 [2] [a]), and "provide[d] the court with information sufficient to establish that it has, indeed, jurisdiction to hear the case" ( People v. Noblett, 172 Misc 2d 826, 828; see People v. Miles, 64 NY2d 731, 732-733).
However, viewed in the light most favorable to the People ( People v. Contes, 60 NY2d 620, 621), the violation was not proved by legally sufficient evidence. There is no proof that defendant disobeyed a stop sign on Chestnut Ridge Road as alleged in the accusatory instrument. Although the People proved defendant failed to obey a stop sign on some other road and that said road intersects with Chestnut Ridge Road, that offense was not the violation alleged in the instrument.