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People v Rozz (Donald)
2007 NY Slip Op 51283(U) [16 Misc 3d 129(A)]
Decided on June 25, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 25, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., McCABE, and TANENBAUM, JJ
2006-565 N CR.

The People of the State of New York, Respondent,

against

Donald A. Rozz, Appellant.


Appeal from a judgment of the Justice Court of the Village of Mineola, Nassau County (John P. O'Shea, Jr., J.), rendered September 27, 2005. The judgment, following a nonjury trial, convicted defendant of disobeying a traffic control device.Judgment of conviction affirmed.


Defendant was convicted of violating section 1110 of the Vehicle and Traffic Law in that he made a left turn in violation of a posted sign prohibiting same. At trial, defendant admitted making the left turn but challenged the officer's testimony that a sign prohibiting such turn was in fact posted. In addition to his testimony, defendant submitted into evidence two photographs depicting the left near corner of the intersection. The officer, however, testified that the sign was located on the right side of
the street. Viewing said evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilty was not against the weight of the evidence (see CPL 470.15 [5]; People v Bleakley, 69 NY2d 490 [1987]).

We note that the photographs presented to this court by defendant in reply to the People's brief, as proof of his contention that no sign was posted, were not admitted into evidence in the court below and, therefore, cannot be considered on this appeal.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.