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People v Kwas
2014 NY Slip Op 50811(U) [43 Misc 3d 140(A)]
Decided on May 9, 2014
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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 9, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., MARANO and GARGUILO, JJ.
2012-1255 S CR

The People of the State of New York, Respondent,

against

Matthew Kwas, Appellant.


Appeal from a judgment of the District Court of Suffolk County, First District (Stephen L. Ukeiley, J.), rendered February 2, 2012. The judgment convicted defendant, upon his plea of guilty, of operating a commercial motor vehicle with defective service brakes.

ORDERED that the judgment of conviction is affirmed.

Defendant was charged, in three simplified traffic informations, with three safety equipment violations, in that his truck allegedly had an inoperative turn signal, he operated his truck without proof of periodic inspection, and he operated a commercial motor vehicle with defective service brakes (see CPL 100.10 [2] [a] Transportation Law § 140 [2] [a] [ii] [2] [c] [ii] Vehicle and Traffic Law § 207 [1] 49 CFR 393.9 [a] 396.3 [a] [1] 396.17 [c]). He pleaded guilty to operating a commercial motor vehicle with defective service brakes. The District Court imposed a $350 fine and dismissed the other two simplified traffic informations.

Defendant's claim that the simplified traffic information charging him with the offense for which he was convicted contained the incorrect model year of his truck is based on matter dehors the record, and is thus not properly before this court (see People v Fully, 109 AD3d 936 [2013] People v Cooks, 107 AD3d 734, 735 [2013] People v Perry, 60 AD3d 873 [2009] People v Cook, 27 Misc 3d 143[A], 2010 NY Slip Op 51070[U] [App Term, 9th & 10th Jud Dists 2010]). Moreover, by pleading guilty, defendant waived his claim that the simplified traffic information charging him with the offense for which he was convicted contained the incorrect model year of defendant's truck, which was a nonjurisdictional defect (see People v Beattie, 80 NY2d 840 [1992]). In any event, defendant's contention is without merit (see People v Love, 306 NY 18, 23 [1953] People v Weisz, 36 Misc 3d 132[A], 2012 NY Slip Op 51301[U] [App Term, 9th & 10th Jud Dists 2012] People v Mayeri, 34 Misc 3d 142[A], 2012 NY Slip Op 50093[U] [App Term, 9th & 10th Jud Dists 2012]). Furthermore, evidentiary facts are not required to be pleaded in a simplified traffic information, which, in this case, designated the offense charged, substantially conformed to the form prescribed by the Commissioner of Motor Vehicles, and provided the District Court with sufficient information to establish that it had jurisdiction to hear the case (see People v Fernandez, 20 NY3d 44, 48 [2012]).

Defendant's remaining contentions are improperly raised for the first time in his reply brief, and are not properly before this court (see People v Forstberg, 40 Misc 3d 132[A], 2013 NY Slip Op 51135[U] [App Term, 9th & 10th Jud Dists 2013]).

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., Marano and Garguilo, JJ., concur.


Decision Date: May 09, 2014