[*2]Appeal by defendant from a judgment of the Justice Court, Village of Great Neck Plaza, Nassau County (C. Singer, J.), rendered on March 21, 2002, convicting him of passing a stopped school bus in violation of Vehicle and Traffic Law § 1174 (a) and imposing sentence.

Judgment of conviction unanimously reversed on the law and a new trial ordered.

The defendant was charged with the traffic infraction of passing a stopped school bus. Contrary to defendant's contention, there was sufficient proof adduced at trial establishing that the school bus was properly marked and equipped in substantial conformity with statutory requirements (see Vehicle and Traffic Law § 375 [20], 1174 [a]). However, the record failed to establish that defendant was advised of his right to an adjournment to obtain his own counsel (CPL 170.10 [3] [a] [4]; People v Ashrat, NYLJ, Feb. 26, 1996 [App Term, 2d & 11th Jud Dists]). The court's failure to do so requires a new trial.
Decision Date: October 01, 2003