| People v Condon (James) |
| 2008 NY Slip Op 52381(U) [21 Misc 3d 141(A)] |
| Decided on November 20, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 a judgment of the Justice Court of the Village of Irvington, Westchester County
(Lawrence H. Ecker, J.), rendered December 20, 2007. The judgment convicted defendant, after a
nonjury trial, of operating a truck without a Department of Transportation number.
Judgment of conviction affirmed.
Following a nonjury trial, defendant was found guilty of the traffic infraction of operating a truck with a wood-chipping trailer while lacking a Department of Transportation number for the truck (Transportation Law § 140 [2] [d]). On appeal, he raises several procedural matters, including that the Justice Court lacked jurisdiction over the offense.
Vehicle and Traffic Law § 1612, which states, "The supreme court shall have jurisdiction to enforce the provisions of this article or any orders issued thereunder or to enjoin the enforcement thereof," was not intended to deprive local courts of their jurisdiction to hear and determine traffic infractions (see CPL 1.20 [39]; 10.30 [1] [a]; UJCA 2001 [1]; People v Gilberg, 21 NYS2d 920 [1940]).
The remaining contentions raised upon this appeal are similarly lacking in merit.
Accordingly, the judgment of conviction is affirmed.
Rudolph, P.J., McCabe and Molia, JJ., concur.
Decision Date: November 20, 2008