| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
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