PEOPLE v. SWEENEY

2015-1167 S CR.

66 Misc.3d 12 (2019)

113 N.Y.S.3d 818

2019 NY Slip Op 29362

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL R. SWEENEY, Appellant.

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

Decided November 21, 2019.


Attorney(s) appearing for the Case

David A. Mansfield for appellant.

Suffolk County Traffic and Parking Violations Agency ( Justin W. Smiloff of counsel) for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is affirmed.

Defendant was convicted, after a nonjury trial, of operating a motor vehicle upon a public highway while using a mobile telephone (Vehicle and Traffic Law § 1225-c[2][a]). The officer who had executed the simplified traffic information testified that, while monitoring traffic on Middle Country Road, she had observed defendant operating his vehicle, only 20...

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