PEOPLE v. MURPHY

2009-1327 DCR.

29 Misc.3d 79 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HARRY MURPHY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided September 20, 2010.


Attorney(s) appearing for the Case

Paul M. Salvino , Albany, for appellant.

Glenn W. Magnell , Goshen, for respondent.

Michael A. Santo , Uniondale, for New York State Magistrates Association, amicus curiae.

NICOLAI, P.J., and LACAVA, J., concur; IANNACCI, J., dissents in a separate memorandum.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, on the law, defendant's motion to dismiss the simplified traffic information is denied, the simplified traffic information is reinstated, and the matter is remitted to the Justice Court for all further proceedings.

Defendant was charged in a simplified traffic information with speeding (Vehicle and Traffic Law § 1180 [b]). He...

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