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People v Cohen (Lior)
2011 NY Slip Op 51309(U) [32 Misc 3d 130(A)]
Decided on July 7, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 7, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : IANNACCI, J.P., NICOLAI and MOLIA, JJ
2009-2601 N CR.

The People of the State of New York, Respondent,

against

Lior Cohen, Appellant.


Appeal from a judgment of the Justice Court of the Village of Great Neck Estates, Nassau County (Steven P. Raymond, J.), rendered November 24, 2009. The judgment convicted defendant, after a nonjury trial, of passing a stopped school bus.


ORDERED that the judgment of conviction is affirmed.

After a nonjury trial, defendant was convicted of passing a stopped school bus (Vehicle and Traffic Law § 1174 [a]). Defendant's claim, that the simplified traffic information was jurisdictionally defective because it alleged an offense which occurred outside the boundary of the Village of Great Neck Estates and beyond the scope of employment of the Village of Great Neck Estate's police officer who charged defendant with the traffic infraction (CPL 20.50 [2]; see also CPL 100.55 [5]), is not preserved for appellate review (CPL 470.05 [2]; People v Schonfeld, 26 Misc 3d 74, 75 [App Term, 9th & 10th Jud Dists 2009]). In the circumstances presented, we decline to address the issue in the interest of justice.

Accordingly, the judgment of conviction is affirmed.

Iannacci, J.P., Nicolai and Molia, JJ., concur.
Decision Date: July 07, 2011