People v Neal (David)

[*1] People v Neal (David) 2009 NY Slip Op 51347(U) [24 Misc 3d 130(A)] Decided on June 29, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 29, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ
2008-526 OR CR.

The People of the State of New York, Respondent,

against

David Shaun Neal, Appellant.

Appeal from a judgment of the Justice Court of the Town of Tuxedo, Orange County (Hume Steyer, J.), rendered February 14, 2008. The judgment convicted defendant, after a nonjury trial, of speeding.

Judgment of conviction affirmed.

Defendant, who was charged with speeding (Vehicle and Traffic Law § 1180 [b]) for driving at 74 miles per hour in a 55 mile per hour zone, appeals from a judgment convicting him, after a nonjury trial.

The Justice Court did not err in denying defendant's motion, made after the People had rested, which sought dismissal upon the ground that the People had not proven which traffic control device he had violated. Defendant was charged with violating a 55 mile per hour speed limit, which is generally the maximum speed limit applicable throughout the State (with exceptions not relevant here), and, thus, it was unnecessary for the People to establish the posting of 55 mile per hour speed limit signs (see Vehicle and Traffic Law § 1683 [a] [15]; People v Shapiro, 7 NY2d 370 [1960]; People v Hodos, 186 Misc 2d 841, 843 [2000]).

The other issues raised herein are similarly lacking in merit.

Accordingly, the judgment of conviction is affirmed.

The decision and order of this court entered herein on June 2, 2009 are hereby recalled and vacated (see motion decided simultaneously herewith).

Rudolph, P.J., and Molia, J., concur.

Scheinkman, J., taking no part. [*2]
Decision Date: June 29, 2009