Appeal from a judgment of the Justice Court of the Town of Wappinger, Dutchess County (Carl S. Wolfson, J.), rendered March 31, 2006. The judgment convicted defendant, after a nonjury trial, of violating section 1128 (d) of the Vehicle and Traffic Law.

Judgment of conviction reversed on the law and accusatory instrument dismissed.

Following a nonjury trial, defendant was convicted of violating section 1128 (d) of the Vehicle and Traffic Law in that, at the time, date and location alleged, while operating his motor vehicle, he crossed over a solid white line which separated his lane of traffic from the paved shoulder of the road.

The crossing of a solid white line is discouraged, but not prohibited (see 17 NYCRR §§ 261.2, 261.5 [c]; § 261.7 [a]; People v Hollinger, 2002 NY Slip Op 40485[U] [App Term, 9th & 10th Jud Dists]) and, thus, such a marking does not constitute an indication that crossing same would be "especially hazardous" (Vehicle and Traffic Law § 1128 [d]). Accordingly, the testimony of the State Police Trooper that defendant crossed over the subject solid white line on two occasions was insufficient to establish defendant's guilt of violating section 1128 (d) of the Vehicle and Traffic Law.

Rudolph, P.J., McCabe and Lippman, JJ., concur.
Decision Date: December 19, 2006