People v Cepeda
2010 NY Slip Op 01729 [71 AD3d 422]
March 4, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


The People of the State of New York, Respondent,
v
Felix Cepeda, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Jean Soo Park of counsel), for respondent.

This matter is transferred to the Appellate Term, First Judicial Department, for consideration of defendant's appeal. Defendant was initially charged with, and subsequently convicted of, operating a motor vehicle while under the influence of alcohol or drugs in violation of Vehicle and Traffic Law § 1192 (1), a traffic infraction. The case was tried in the Criminal Court of the City of New York, Bronx County. Accordingly, Appellate Term has the exclusive jurisdiction to hear this appeal (CPL 450.60 [4]). Concur—Andrias, J.P., Nardelli, Catterson, Acosta and DeGrasse, JJ.