People v Segal (Charles)

[*1] People v Segal (Charles) 2004 NY Slip Op 50456(U) Decided on May 21, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 21, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-997 N CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

CHARLES W. SEGAL, Appellant.

Appeal by defendant from a judgment of the Justice Court, Village of Great

Neck Estates, Nassau County (H. Hoffman, J.), rendered on June 26, 2003, convicting him of passing a red light (Vehicle and Traffic Law § 1111 [d] [1]) and sentencing him to a fine.

Judgment of conviction unanimously affirmed.

Upon our review of the record, we find that the evidence at trial was
sufficient to sustain the defendant's conviction of passing a red traffic light in violation of Vehicle and Traffic Law § 1111 (d) (1). Contrary to defendant's contention, the police officer's testimony, that for approximately two seconds he observed from the side the "glow" of the red traffic light facing defendant when he passed through it, was sufficient to establish the color of the light at the time of the incident (see People v DeJana, 172 Misc 2d 375 [App Term, 9th & 10th Jud Dists 1997]). Defendant's testimony to the effect that the traffic light was amber as he entered the intersection presented an issue of credibility and we find no basis to disturb the trial court's determination thereof (see People v Gaimari, 176 NY 84, 94 [1903]). There is, furthermore, no merit to defendant's argument challenging the legal sufficiency of the accusatory instrument and the supporting deposition.
Decision Date: May 21, 2004