| People v Jian Xu |
| 2006 NY Slip Op 52272(U) [13 Misc 3d 142(A)] |
| Decided on November 24, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from judgments of the Justice Court of the Town of North Castle, Westchester County (Robert J. McGoey, J.), rendered August 4, 2005. The judgments convicted defendant, after a nonjury trial, of driving at an unreasonable and imprudent speed, and driving to the left of official markings.
Judgments reversed on the facts, simplified traffic informations dismissed and fines, if paid, remitted.
Upon a review of the record, we are of the opinion that the verdicts finding defendant guilty of unreasonable and imprudent speed (Vehicle and Traffic Law § 1180 [a]) and driving to the left of official markings (Vehicle and Traffic Law § 1126 [a]) were against the weight of the evidence. We find that defendant was not driving at an imprudent speed but, rather, that he lost control of his vehicle due to ice and snow conditions where the accident occurred.
Rudolph, P.J., Angiolillo and Lippman, JJ., concur.
Decision Date: November 24, 2006