People v Les (Christine)

[*1] People v Les (Christine) 2012 NY Slip Op 51439(U) Decided on July 17, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 17, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., MOLIA and IANNACCI, JJ
2011-543 N CR.

The People of the State of New York, Respondent,

against

Christine Y. Les, Appellant.

Appeal from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Leonard S. Clarke, J.H.O.), rendered January 14, 2011. The judgment convicted defendant, after a nonjury trial, of speeding.

ORDERED that the judgment of conviction is affirmed.

Following a nonjury trial, defendant was convicted of speeding (Vehicle and Traffic Law § 1180 [b]). On appeal, defendant contends, in effect, that there was insufficient proof to sustain her conviction. We affirm.

The testimony of the qualified police officer as to his visual estimate of the speed of defendant's vehicle, which exceeded the speed limit by more than 20 miles per hour, was legally sufficient to establish defendant's guilt beyond a reasonable doubt (see People v Olsen, 22 NY2d 230, 232 [1968]; People v Cani, 17 Misc 3d 134[A], 2007 NY Slip Op 52167[U] [App Term, 9th & 10th Jud Dists 2007]). Moreover, the evidence that the arresting officer employed a properly calibrated laser device, which measured defendant's speed at 89 miles per hour, was similarly sufficient to prove the offense (see People v Goess, 34 Misc 3d 152[A], 2012 NY Slip Op 50303[U] [App Term, 9th & 10th Jud Dists 2012]).

Defendant's remaining contentions are dehors the record and, thus, have not been considered. [*2]

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., Molia and Iannacci, JJ., concur.
Decision Date: July 17, 2012