People v Kwiecinski (Joyce)

[*1] People v Kwiecinski (Joyce) 2014 NY Slip Op 50710(U) Decided on April 18, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 18, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., IANNACCI and MARANO, JJ
2012-1430 N CR.

The People of the State of New York, Respondent,

against

Joyce A. Kwiecinski, Appellant.

Appeal from a judgment of the City Court of Long Beach, Nassau County (Frank D. DiKranis, J.), rendered April 27, 2012. The judgment convicted defendant, after a nonjury trial, of failing to wear a seatbelt while operating a motor vehicle and sentenced her to a $100 fine.

ORDERED that the judgment of conviction is modified, on the law, by reducing the fine imposed to $50; as so modified, the judgment of conviction is affirmed.

Defendant was convicted, after a nonjury trial, of failing to wear a seatbelt while operating a motor vehicle, in violation of Vehicle and Traffic Law § 1229-c (3). A police officer testified that he was seated in a police vehicle while participating in a seatbelt enforcement program when he observed defendant operating her vehicle without wearing a seatbelt. Although the officer may not have been able to observe the manner in which defendant wore the portion of a seatbelt that is buckled around the waist, a conviction may be based solely on proof of a defendant's failure to wear the shoulder harness (e.g. People v Carney, 39 Misc 3d 134[A], 2013 NY Slip Op 50535[U] [App Term, 9th & 10th Jud Dists 2013]; People v Avgush, 2003 NY Slip Op 51334[U] [App Term, 9th & 10th Jud Dists 2003]). Consequently, we find no basis to disturb the guilty verdict. However, as the People concede, the $100 fine imposed for the conviction exceeded the $50 maximum (see Vehicle and Traffic Law § 1229-c [5]).

We have considered defendant's remaining contentions and find them to be without merit.

Accordingly, the judgment of conviction is modified by reducing the fine imposed to $50 and is otherwise affirmed.

Nicolai, P.J., Iannacci and Marano, JJ., concur.
Decision Date: April 18, 2014