People v Campbell (Hazel)

[*1] People v Campbell (Hazel) 2007 NY Slip Op 51278(U) [16 Misc 3d 128(A)] Decided on June 21, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 21, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2006-1208 N CR.

The People of the State of New York, Respondent,

against

Hazel L. Campbell, Appellant.

Appeal from a judgment of the Justice Court of the Village of North Hills, Nassau County (Sigmund S. Semon, J.), rendered May 22, 2006. The judgment convicted defendant, after a nonjury trial, of speeding.

Judgment of conviction affirmed.

Upon considering the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we conclude that it was legally sufficient to establish defendant's guilt of the traffic infraction of speeding beyond a reasonable doubt. The complainant officer's expert testimony concerning his independent estimate of defendant's speed, when viewed together with his statements with regard to his pacing her speed while using an untested speedometer, was ample to satisfy the People's burden of proof (People v Dusing, 5 NY2d 126 [1959]). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilty was not against the weight of the evidence (see CPL 470.15 [5]; People v Bleakley, 69 NY2d 490 [1987]). Defendant's remaining contentions on this appeal are either similarly lacking in merit or are unpreserved for appellate review. Accordingly, the judgment of conviction is affirmed.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: June 21, 2007