People v KRANTZ (JEROME)

[*1] People v KRANTZ (JEROME) 2005 NY Slip Op 50058(U) Decided on January 26, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 26, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, J.P., ANGIOLILLO and COVELLO, JJ.
2004-178 OR CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

JEROME KRANTZ, Appellant.

Appeal by defendant from a judgment of the Justice Court, Town of Woodbury, Orange County (E. Kellman, J.), rendered December 3, 2003, convicting him of unsafe lane change (Vehicle and Traffic Law § 1128 [a]) and imposing a fine.

Judgment of conviction reversed on the law, accusatory instrument dismissed and fine, if paid, remitted.

Defendant was charged with making an unsafe lane change in violation of Vehicle and Traffic Law § 1128 (a) when a police officer allegedly observed him changing lanes on the New York State Thruway from the center to the right lane and back again.

The evidence introduced at trial was legally insufficient to support the charge that defendant violated Vehicle and Traffic Law § 1128 (a) (see CPL 70.10). Vehicle and Traffic Law § 1128 (a) provides: "Whenever any roadway has been divided into two or more clearly marked lanes for traffic. . . :(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety."[*2]
There was no testimony at trial that, if accepted as true, would indicate that defendant's lane changes could not be made with safety. Moreover, absent any testimony regarding the circumstances and nature of the lane changes at issue, it cannot be said that merely changing lanes, as alleged in this matter, is a violation of the statute.

Rudolph, J.P., and Angiolillo, J., concur.

Covello, J., taking no part.
Decision Date: January 26, 2005