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People v Grabel (Lewis)
2003 NY Slip Op 51703(U)
Decided on December 23, 2003
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 23, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., RUDOLPH and SKELOS, JJ.
NO. 2003-412 RO CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

LEWIS S. GRABEL, Appellant.


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.

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 [1997]; see People v Miles, 64 NY2d 731, 732-733 [1984]).

However, viewed in the light most favorable to the People (People v Contes, 60 NY2d 620, 621 [1983]), 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.
Decision Date: December 23, 2003