PEOPLE v. WELLS

2015-1991 NCR.

57 Misc.3d 21 (2017)

62 N.Y.S.3d 877

2017 NY Slip Op 27282

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES T. WELLS, Appellant.

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

Decided August 24, 2017.


Attorney(s) appearing for the Case

James T. Wells, appellant pro se.

Madeline Singas , District Attorney ( Nicholas Vevante of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

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

Defendant was charged in a simplified traffic information with using a mobile telephone while operating a motor vehicle (Vehicle and Traffic Law § 1225-c [2] [a]). At a nonjury trial, a New York State Trooper testified that, on December 16, 2014, at approximately...

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