[*1]
People v Buttaro (Thomas)
2013 NY Slip Op 51138(U) [40 Misc 3d 132(A)]
Decided on July 8, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 8, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., LaSALLE and MARANO, JJ
2011-3091 S C.

The People of the State of New York, Respondent, —

against

Thomas A. Buttaro, Appellant.


Appeal from a judgment of the District Court of Suffolk County, First District (Harry Seidel, J.H.O.), entered October 19, 2011. The judgment, after a nonjury trial, imposed a $50 civil liability upon defendant as the owner of a vehicle which had failed to stop at a red light.


ORDERED that the judgment is affirmed, without costs.

This action was commenced to impose civil liability upon defendant as the owner of a vehicle which had been recorded by a traffic-control signal monitoring device failing to comply with a traffic-control indicator in violation of Vehicle and Traffic Law § 1111-b (see also Vehicle and Traffic Law § 1111 [d]). It was alleged that defendant's vehicle did not stop at a red light at a specified location on May 3, 2011.

At a nonjury trial, defendant admitted that his vehicle had gone through a red light. While defendant asserted that the yellow light interval was not timed properly, he did not offer any evidence in admissible form to support his defense (Vehicle and Traffic Law § 1111-b [o]). In our view, defendant was not deprived of a fair trial. Moreover, defendant's contention that he was denied the right to confront witnesses is without merit (see People v Nager, 34 Misc 3d 135[A], 2011 NY Slip Op 52390[U] [App Term, 9th & 10th Jud Dists 2011]).

Accordingly, the judgment is affirmed. [*2]

Nicolai, P.J., LaSalle and Marano, JJ., concur.
Decision Date: July 08, 2013