People v Ruh (William)

[*1] People v Ruh (William) 2015 NY Slip Op 50979(U) Decided on June 22, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MARANO, P.J., IANNACCI and GARGUILO, JJ.
2013-2014 N CR

The People of the State of New York, Respondent,

against

William F. Ruh, Appellant.

Appeal from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Allen S. Mathers, J.), entered August 26, 2013. The judgment, after a nonjury trial, convicted defendant of failing to obey a traffic control device.

ORDERED that the judgment of conviction is reversed, on the law and facts, the accusatory instrument is dismissed, and the fine, surcharge and administrative fee, if paid, are remitted.

Defendant was charged in a simplified traffic information with failing to obey a traffic control device prohibiting a right turn on red (Vehicle and Traffic Law § 1110 [a]). At a nonjury trial, a police officer testified that he had observed defendant make a right turn on a red light at the intersection of Harbor Road and Port Washington Road, where a "NO TURN ON RED" sign was posted. Defendant presented photographic evidence establishing that the traffic control device in question failed to comply with Vehicle and Traffic Law § 1110 (b), in that the sign was, to an ordinary motorist approaching the intersection, obstructed from view by a route sign.

Accordingly, the judgment of conviction is reversed and the accusatory instrument is dismissed.

Marano, P.J., and Garguilo, J., concur.

Iannacci, J., taking no part.

Decision Date: June 22, 2015