People v Shao (Meijuan)

[*1] People v Shao (Meijuan) 2008 NY Slip Op 51467(U) [20 Misc 3d 133(A)] Decided on July 16, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 16, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ
2007-1377 D CR.

The People of the State of New York, Respondent,

against

Meijuan Shao, Appellant.

Appeal from a judgment of the Justice Court of the Village of Wappingers Falls, Dutchess County (Raymond C. Chase, J.), rendered June 8, 2007. The judgment convicted defendant, after a nonjury trial, of operating a motor vehicle while talking on a cell phone.

Judgment of conviction affirmed.

Defendant was charged with operating a motor vehicle while talking on a cell phone (Vehicle and Traffic Law § 1225-c). Following a nonjury trial, the court determined that the offense was committed within a few minutes of the time alleged in the accusatory instrument, and when, by defendant's own admission, she used her cell phone. Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we deem it legally sufficient to establish all of the elements of the charge beyond a reasonable doubt. Furthermore, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]; People v Romero, 7 NY3d 633 [2006]; People v Bleakley, 69 NY2d 490 [1987]).

Rudolph, P.J., McCabe and Scheinkman, JJ., concur.
Decision Date: July 16, 2008