| People v Alfaro (Katherine) |
| 2022 NY Slip Op 51140(U) [77 Misc 3d 128(A)] |
| Decided on October 27, 2022 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Kenneth Diamond, J.H.O.), rendered September 7, 2021. The judgment, after a nonjury trial, convicted defendant of operating a motor vehicle with a backseat passenger under the age of 16 not restrained by a safety belt, and imposed sentence.
ORDERED that the judgment of conviction is affirmed.
Defendant was charged in a simplified traffic information with operating a motor vehicle with a backseat passenger under 16 years of age who is not restrained by a safety belt, in violation of Vehicle and Traffic Law § 1229-c (1) (c). At the conclusion of a nonjury trial, the court found defendant guilty.
Contrary to defendant's contention, the police officer had the authority to file the simplified traffic information under the facts presented here (see CPL 100.25 [2] [the allegations of fact that must be contained in a supporting deposition to a simplified traffic information to provide reasonable cause to believe that the defendant committed the offense charged may be based either upon personal knowledge or upon information and belief]; People v Marino, 75 Misc 3d 127[A], 2022 NY Slip Op 50369[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2022]; cf. People v D'Andraia, 67 Misc 3d 130[A], 2020 NY Slip Op 50426[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2020]).
Defendant's remaining contentions are without merit.
Accordingly, the judgment of conviction is affirmed.
GARGUILO, P.J., EMERSON and DRISCOLL, JJ., concur.
ENTER: