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BELAY v. DISTRICT OF COLUMBIA

No. 03-CT-368.

860 A.2d 365 (2004)

Alebachew K. BELAY, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided October 28, 2004.

Attorney(s) appearing for the Case

Brigitte L. Adams, appointed by the court, was on the brief for appellant.

Robert J. Spagnoletti, Attorney General for the District of Columbia, and Edward E. Schwab, Deputy Attorney General, Rosalyn Calbert Groce, Supervisory Attorney General, and Stacy L. Anderson, Assistant Attorney General, were on the brief for appellee.*

Before SCHWELB and RUIZ, Associate Judges, and NEBEKER, Senior Judge.

NEBEKER, Senior Judge:

Alebachew K. Belay was convicted, after a bench trial, of one count of failing to yield the right-of-way to a pedestrian in a crosswalk (D.C.Code § 50-2201.28 (2001)). He now contends that his conviction should be vacated because the complaining witness, a bicyclist, was not a "pedestrian" under D.C.Code § 50-2201.28. He further contends that the court's imposed sentence, prohibiting his operation of a vehicle as a condition of probation...

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