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PEOPLE v. HUDACEK

No. 2008-1902 W CR.

26 Misc.3d 55 (2009)

2009 NY Slip Op 29496

894 N.Y.S.2d 325

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KATHRYN D. HUDACEK, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 2, 2009.

Attorney(s) appearing for the Case

Kathryn D. Hudacek, appellant pro se.

John D. Cavallaro, Village Attorney, Tuckahoe (Gary R. Gjersten of counsel), for respondent.

NICOLAI, P.J., MOLIA and LACAVA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, upon the law, the simplified traffic information is dismissed, and the fine, if paid, is remitted.

Defendant was convicted after a nonjury trial of driving her vehicle while using a mobile telephone (Vehicle and Traffic Law § 1225-c).

Vehicle and Traffic Law § 1225-c (2) (a) makes it unlawful for...

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