People v Rubalsky (2014 NY Slip Op 50162(U))

People v Rubalsky (Mary)

2014 NY Slip Op 50162(U) [42 Misc 3d 138(A)]

Decided on January 29, 2014

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This opinion is uncorrected and will not be published in the printed Official Reports.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

The People of the State of New York, Respondent,

against

Mary Rubalsky, Appellant.

Appeal from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Claire I. Weinberg, J.), entered July 17, 2012. The judgment, after a nonjury trial, imposed a $50 civil liability, plus a $15 administrative fee, upon defendant as the owner of a vehicle which failed to stop at a red light.

ORDERED that the judgment is reversed, without costs, the action is dismissed, and the fine and administrative fee, if paid, are remitted.

This action was commenced to impose a civil liability upon defendant as the owner of a vehicle making a right turn on a red light without coming to a full stop in violation of Local Law No. 12 (2009) of the County of Nassau (see Vehicle and Traffic Law §§ 1111-b, 1111 [d]). At a nonjury trial, the People entered into evidence a series of photographs depicting defendant's vehicle and the red light involved, as well as a video of the events charged in this matter. The People further submitted a technician's certificate certifying that the technician had reviewed the video and photographic evidence, and had determined that defendant did not come to a full stop at a red traffic light before the operator of the vehicle made a right turn.

Defendant testified that, at the time of the incident in question, there were police vehicles with their sirens on traveling at a high rate of speed approaching her vehicle from behind, and that she was afraid of being struck by those vehicles. Accordingly, defendant testified, she did not come to a full stop at the red light, but instead made a right turn to yield the right of way to the police vehicles. Following the trial, the District Court imposed a $50 civil liability upon defendant, as well as a $15 administrative fee.

Under the circumstances presented, we find that defendant was in general compliance with Vehicle and Traffic Law § 1144 (yielding to emergency police vehicles), thereby justifying defendant making a right turn on a red light without coming to a full stop. In our view, defendant's compliance with Vehicle and Traffic Law § 1144 warrants a reversal of the judgment and a dismissal of the proceeding.

Accordingly, the judgment is reversed, the action is dismissed, and the fine and administrative fee, if paid, are remitted.