| People v Forrester (Terry) |
| 2021 NY Slip Op 50229(U) [71 Misc 3d 127(A)] |
| Decided on March 18, 2021 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Scott Lockwood, for appellant. Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for respondent.
Appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (John Andrew Kay, J.H.O.), rendered June 6, 2019. The judgment, after a nonjury trial, convicted defendant of speeding, and imposed sentence.
ORDERED that the judgment of conviction is affirmed.
At a nonjury trial, the sole witness was a police officer who testified that he had visually estimated the speed of the vehicle defendant was driving to be 90 miles per hour (mph) in a posted 55 mph zone, and had verified the speed using a "Tru-Speed" laser device, which measured the vehicle's speed as 88 mph. Following the trial, the court found defendant guilty of the charge, and imposed a fine in the amount of $300, plus an agency fee and surcharge.
Upon a defendant's request, this court must conduct a weight of the evidence review and, thus, "a defendant will be given one appellate review of adverse factual findings" (People v Danielson, 9 NY3d 342, 348 [2007]). Following a review of the record, we conclude that the verdict convicting defendant of speeding was not against the weight of the evidence (see People v Jacobs, 62 Misc 3d 126[A], 2018 NY Slip Op 51852[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; People v Goldmann, 61 Misc 3d 149[A], 2018 NY Slip Op 51746[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]).
We have reviewed defendant's remaining contentions and find them to be unpreserved for appellate review and, in any event, without merit (see People v Austin, 67 Misc 3d 143[A], 2020 NY Slip Op 50743[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2020]; People v Sarant, 60 Misc 3d 140[A], 2018 NY Slip Op 51270[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; People v Massian, 60 Misc 3d 134[A], 2018 NY Slip Op 51049[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; People v Gray, 58 Misc 3d 155[A], 2018 NY Slip Op 50184[U] [App [*2]Term, 2d Dept, 9th & 10th Jud Dists 2018]; People v Cataldo, 57 Misc 3d 153[A], 2017 NY Slip Op 51597[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2017]).
Accordingly, the judgment of conviction is affirmed.
RUDERMAN, P.J., GARGUILO and EMERSON, JJ., concur.