People v Scott (Tonia)

[*1] People v Scott (Tonia) 2005 NY Slip Op 52138(U) [10 Misc 3d 137(A)] Decided on December 19, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2005-104 RO CR

The People of the State of New York, Respondent,

against

Tonia Scott, Appellant.

Appeal from a judgment of the Justice Court of the Village of Suffern, Rockland County (Matthew J. Byrne, J.), rendered on November 22, 2004. The judgment convicted defendant, after a nonjury trial, of speeding.

Judgment of conviction unanimously affirmed.

Considering the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620 [1983]), we find that the evidence was legally sufficient to establish defendant's guilt beyond a reasonable doubt (see People v Magri, 3 NY2d 562 [1958]). Moreover, the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]). We note that defendant was not entitled to discovery because she was prosecuted on a simplified traffic information charging her with a mere traffic infraction (see Matter of Miller v Schwartz, 72 NY2d 869 [1988]; CPL 240.20 [1] [k]).
Decision Date: December 19, 2005