Appeal by defendant from a judgment of the Justice Court, Town of Patterson, Putnam County (R. Tricinelli, J.), rendered on June 22, 2004, convicting defendant of speeding (Vehicle and Traffic Law § 1180 [d]) and imposing sentence.

Judgment of conviction unanimously affirmed.

The record in this prosecution for speeding (Vehicle and Traffic Law § 1180 [d]), although scanty, indicates that the conviction was supported by sufficient evidence (see Clarke v Martinez, 14 AD3d 612 [2005]), and defendant does not contest the qualifications of the officer or his procedure in calibrating and using the radar gun with which he measured defendant's speed (see People v Magri, 3 NY2d 562 [1958]; People v Heyser, 2 NY2d 390 [1957]). While defendant contends that it is "entirely possible" that the officer got a reading from a different car, this assertion is speculation, and the court was entitled to credit the officer's testimony to the contrary (see People v Garafolo, 44 AD2d 86, 88 [1974]). Moreover, according to the Justice's minutes, defendant admitted that he saw and passed the 30 mile-per-hour posted speed limit sign, and his submissions in his affidavit of errors and upon appeal indicate that, despite his denial of guilt, he recognized that he was driving above the speed limit and believed he was entitled to do so, either because surrounding traffic was proceeding above the speed limit, or because it was usual and customary for traffic to do so.
Decision Date: June 07, 2005