PEOPLE v. DONATO

2010-1655 WCR.

34 Misc.3d 66 (2012)

939 N.Y.S.2d 687

2012 NY Slip Op 22018

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL A. DONATO, Appellant.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided January 20, 2012.


Attorney(s) appearing for the Case

Michael A. Donato , New Rochelle, appellant pro se.

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


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Justice Court for a new trial.

Defendant was charged in a simplified traffic information with failing to obey a traffic control device (Vehicle and Traffic Law § 1110 [a]). At a nonjury trial, the Justice Court allowed the police officer who had issued the traffic ticket...

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