Opinion
NO. 2015-2564 OR CR
10-26-2017
The People of the State of New York, Respondent, v. Shloma Kornbluh, Appellant.
Shloma Kornbluh, appellant pro se. John Bach, Jr., Esq., for respondent (no brief filed).
PRESENT: :
Shloma Kornbluh, appellant pro se.
John Bach, Jr., Esq., for respondent (no brief filed).
Appeal from a judgment of the Justice Court of the Town of Blooming Grove, Orange County (Stephen J. Smith, J.), rendered October 14, 2015. The judgment convicted defendant, after a nonjury trial, of speeding.
ORDERED that the judgment of conviction is affirmed.
On June 5, 2015, the People charged defendant, in a simplified traffic information, with speeding (Vehicle and Traffic Law § 1180 [d]). The supporting deposition states that, at 2:20 p.m. on that date, New York State Trooper Alan Bonney observed defendant traveling at 83 miles per hour in a 65 miles per hour speed zone, as determined by a visual observation and a radar device.
Defendant failed to preserve any claim of evidentiary insufficiency by objecting to the adequacy of the proof (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 492 [2008]; People v Gray, 86 NY2d 10, 20 [1995]; see also People v Hines, 97 NY2d 56, 61 [2001]; People v Acevedo, 136 AD3d 1386, 1386 [2016]; People v Broomfield, 55 Misc 3d 137[A], 2017 NY Slip Op 50506[U], *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]). In any event, viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), the evidence was legally sufficient to prove that defendant violated Vehicle and Traffic Law § 1180 (d). The trooper's testimony that he was a qualified radar device operator and had employed a properly calibrated device to measure defendant's speed at 83 miles per hour in a 65 miles per hour speed zone sufficed to establish a violation of Vehicle and Traffic Law § 1180 (d) (People v Dusing, 5 NY2d 126, 128 [1959]; e.g. People v Linden, 52 Misc 3d 134[A], 2016 NY Slip Op 51019[U], *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2016]; People v Giaccio, 42 Misc 3d 127[A], 2013 NY Slip Op 52147[U], *1 [App Term, 2d Dept, 9th & 10th Jud Dists [2013]; People v Schnitzler, 37 Misc 3d 143[A], 2012 NY Slip Op 52288[U], *1 [App Term, 9th & 10th Jud Dists 2012]).
Accordingly, the judgment of conviction is affirmed.
GARGUILO, J.P., TOLBERT and RUDERMAN, JJ., concur. ENTER: Paul Kenny Chief Clerk Decision Date: October 26, 2017