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People v Brachman (Richard)
2013 NY Slip Op 52143(U) [42 Misc 3d 127(A)]
Decided on December 16, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 16, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., IANNACCI and TOLBERT, JJ
.

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

against

Richard Brachman, Appellant.


Appeal from a judgment of the Justice Court of the Town of Monroe, Orange County (Jack J. Rosenthal, J.), rendered July 14, 2009. The judgment, after a nonjury trial, convicted defendant of speeding.


ORDERED that the judgment of conviction is affirmed.

Following a nonjury trial, the Justice Court convicted defendant of speeding (Vehicle and Traffic Law § 1180 [d]). Upon a review of the record, we are of the opinion that defendant's defense — that he was justified in speeding — was not sufficiently established at trial. In any event, even if the facts and circumstances were as claimed by defendant, they did not constitute a justification for speeding (see Penal Law § 35.05 [2]). Defendant's remaining contentions have been considered and found to be without merit (see People v Neal, 24 Misc 3d 130[A], 2009 NY Slip Op 51347[U] [App Term, 9th & 10th Jud Dists 2009]). In view of the foregoing, and in light of the fact that defendant admitted to speeding, we find no basis to disturb the judgment of conviction (see People v Mateo, 2 NY3d 383, 410 [2004]).

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., Iannacci and Tolbert, JJ., concur.
Decision Date: December 16, 2013