| People v Kachaloff (Edward) |
| 2009 NY Slip Op 50650(U) [23 Misc 3d 129(A)] |
| Decided on April 7, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Criminal Court of the City of New York, Kings County
(Herman Klarsfeld, J.H.O.), rendered September 14, 2007. The judgment convicted defendant,
after a nonjury trial, of reckless driving.
Judgment of conviction affirmed.
The record on appeal establishes that defendant signed a written consent to a trial before a Judicial Hearing Officer. Defendant's challenge to the voluntariness thereof was improperly raised for the first time on appeal and was therefore ineffective to preserve said issue (see People v Davis, 19 Misc 3d 145[A], 2008 NY Slip Op 51127[U] [App Term, 2d & 11th Jud Dists 2008], lv granted 11 NY3d 787 [2008]; People v Parson, 18 Misc 3d 139[A], 2008 NY Slip Op 50316[U] [App Term, 1st Dept]). Accordingly, the judgment convicting defendant of reckless driving (Vehicle and Traffic Law § 1212) is affirmed.
Pesce, P.J., Weston and Golia, JJ., concur.
Decision Date: April 07, 2009