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PEOPLE v. CERVERA

2011-2052 ORCR.

40 Misc.3d 89 (2013)

971 N.Y.S.2d 789

2013 NY Slip Op 23234

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK CERVERA, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided July 8, 2013.

Attorney(s) appearing for the Case

Frank Cervera, appellant pro se.

Francis D. Phillips II , District Attorney, Middletown ( Andrew R. Kass of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, and the matter is remitted to the Justice Court for a new trial.

Defendant was convicted after a nonjury trial of speeding (Vehicle and Traffic Law § 1180 [d]). The state trooper who had executed the simplified traffic information charging defendant with traveling 50 miles per hour in a 45-miles-per-hour speed zone, testified at a nonjury trial...

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