Opinion
2022-50369
04-21-2022
The People of the State of New York, Respondent, v. Andrew Marino, Appellant.
Brian J. Davis, for appellant. Suffolk County Traffic Prosecutor's Office, Justin W. Smiloff of counsel, for respondent.
Unpublished Opinion
Brian J. Davis, for appellant.
Suffolk County Traffic Prosecutor's Office, Justin W. Smiloff of counsel, for respondent.
PRESENT:: TIMOTHY S. DRISCOLL, J.P., JERRY GARGUILO, ELIZABETH H. EMERSON, JJ
Appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (Debra Urbano-DeSalvo, J.H.O.), rendered January 15, 2020. The judgment, after a nonjury trial, convicted defendant of following too closely, and imposed sentence.
ORDERED that the judgment of conviction is affirmed.
Defendant was charged in a simplified traffic information with following too closely (Vehicle and Traffic Law § 1129 [a]), arising from a three-vehicle automobile accident. At the conclusion of the trial, the court found defendant guilty of following too closely.
Contrary to defendant's contention, the trooper had the authority to file the valid simplified traffic information under the facts presented here (cf. People v D'Andraia, 67 Misc.3d 130 [A], 2020 NY Slip Op 50426[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2020]).
Accordingly, the judgment of conviction is affirmed.
DRISCOLL, J.P., GARGUILO and EMERSON, JJ., concur.