People v Davis (Laura)

[*1] People v Davis (Laura) 2004 NY Slip Op 51559(U) Decided on December 9, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
2004-5 W CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

LAURA DAVIS, Appellant.

Appeal by defendant from a judgment of the Justice Court, Town of Cortlandt, Westchester County (G. Klein J.), rendered November 24, 2003, convicting her of speeding (Vehicle and Traffic Law § 1180 [d]) and imposing sentence.

Judgment of conviction unanimously affirmed.

The testimony of the State Trooper as to his visual estimate of the speed of defendant's vehicle and the radar device reading was admitted without objection by defendant. Thus, the court properly considered same in determining defendant's guilt or innocence. The Trooper's testimony that he successfully completed six and one half months of training at the New York State Police Academy, and that he was trained to estimate speed within 5 miles per hour of the actual speed, was sufficient to qualify him to offer opinion evidence as to the rate of speed of moving vehicles. Consequently, the Trooper's visual estimation of the speed of defendant's vehicle, in conjunction with the reading from the untested radar device, is sufficient to sustain defendant's conviction (see People v Magri, 3 NY2d 562, 567 [1958]; People v Heyser, 2 NY2d 390 [1957]; People v Villegas, 2002 NY Slip Op 50647 [U] [App Term, 9th & 10th Jud Dists]).
Decision Date: December 09, 2004