Appeal from a judgment of the City Court of Long Beach, Nassau County (Frank D. DiKranis, J.), rendered April 27, 2012. The judgment convicted defendant, after a nonjury trial, of failing to wear a seatbelt while operating a motor vehicle and sentenced her to a $100 fine.

ORDERED that the judgment of conviction is modified, on the law, by reducing the fine imposed to $50; as so modified, the judgment of conviction is affirmed.

Defendant was convicted, after a nonjury trial, of failing to wear a seatbelt while operating a motor vehicle, in violation of Vehicle and Traffic Law � 1229-c (3). A police officer testified that he was seated in a police vehicle while participating in a seatbelt enforcement program when he observed defendant operating her vehicle without wearing a seatbelt. Although the officer may not have been able to observe the manner in which defendant wore the portion of a seatbelt that is buckled around the waist, a conviction may be based solely on proof of a defendant's failure to wear the shoulder harness (e.g. People v Carney, 39 Misc 3d 134[A], 2013 NY Slip Op 50535[U] [App Term, 9th & 10th Jud Dists 2013] People v Avgush, 2003 NY Slip Op 51334[U] [App Term, 9th & 10th Jud Dists 2003]). Consequently, we find no basis to disturb the guilty verdict. However, as the People concede, the $100 fine imposed for the conviction exceeded the $50 maximum (see Vehicle and Traffic Law � 1229-c [5]).

We have considered defendant's remaining contentions and find them to be without merit.

Accordingly, the judgment of conviction is modified by reducing the fine imposed to $50 and is otherwise affirmed.

Nicolai, P.J., Iannacci and Marano, JJ., concur.
Decision Date: April 18, 2014