| People v Braun (David) |
| 2014 NY Slip Op 51583(U) [45 Misc 3d 130(A)] |
| Decided on October 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Justice Court of the Village of New Square, Rockland County (Stuart Salles, J.), rendered May 21, 2012. The judgment convicted defendant, after a nonjury trial, of failing to stop at a stop sign.
ORDERED that the judgment of conviction is reversed, on the law, and the matter is remitted to the Justice Court for all further proceedings on the accusatory instrument.
Defendant was convicted, after a nonjury trial, of failing to stop at a stop sign. On appeal, he contends, among other things, that he was not advised of his right to counsel and to an adjournment to obtain counsel.
A defendant has the right to the assistance of counsel at arraignment and at all subsequent stages of the proceedings (CPL 170.10 [3]), and must be advised of that right and of the right to an adjournment to obtain counsel (CPL 170.10 [3] [a]; [4] [a]; see People v Schonfeld, 26 Misc 3d 74, 76 [App Term, 9th & 10th Jud Dists 2009]). As the record contains no indication that defendant was ever advised of those rights, whether in writing by the accusatory instrument or the Justice Court, or orally by the justice presiding, the judgment of conviction must be reversed (see CPL 170.10 [5]; People v Rellou, 31 Misc 3d 143[A], 2011 NY Slip Op 50874[U] [App Term, 9th & 10th Jud Dists 2011]; People v Berger, 16 Misc 3d 133[A], 2007 NY Slip Op 51498[U] [App Term, 9th & 10th Jud Dists 2007]; People v Rios, 9 Misc 3d 1 [App Term, 9th & 10th Jud Dists 2005]).
In light of the foregoing, we need not address defendant's remaining claim which, in any event, is not preserved for appellate review (see People ex rel. Niebuhr v McAdoo, 184 NY 304, 307-308 [1906]; People v Muka, 72 AD2d 649, 651 [1979]; see also People v Wisdom, 23 NY3d 970, 972-973 [2014]; Jerome Prince, Richardson on Evidence § 6-104 [Farrell, 11th ed 1995]; cf. People v Donato, 34 Misc 3d 66, 68 [App Term, 9th & 10th Jud Dists 2012]).
Accordingly, the judgment of conviction is reversed and the matter is remitted to the Justice Court for all further proceedings on the accusatory instrument.
Iannacci, J.P., Marano and Tolbert, JJ., concur.