People v Casagrande (Isabella)

[*1] People v Casagrande (Isabella) 2020 NY Slip Op 51515(U) Decided on December 17, 2020 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 17, 2020
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : THOMAS A. ADAMS, P.J., JERRY GARGUILO, ELIZABETH H. EMERSON, JJ
2019-1025 S CR

The People of the State of New York, Respondent,

against

Isabella Casagrande, Appellant.

Scott Lockwood, for appellant. Suffolk County Traffic Prosecutor's Office, for respondent (no brief filed).

Appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (Kenneth Diamond, J.H.O.), rendered May 23, 2019. The judgment convicted defendant, after a nonjury trial, of speeding, and imposed sentence.

ORDERED that the judgment of conviction is affirmed.

Defendant was charged in a simplified traffic information with speeding (Vehicle and Traffic Law § 1180 [b]) for driving a vehicle that was allegedly traveling 79 miles per hour (mph) in a 55 mph speed zone. At a nonjury trial, the sole witness was a state trooper who had estimated and measured by radar defendant's vehicle's speed. Following the trial, the court found defendant guilty of the charge. On appeal, defendant argues, among other things, that the verdict was against the weight of the evidence.

Upon our independent review of the record (see CPL 470.15 [5]), we conclude that the verdict convicting defendant of speeding was not against the weight of the evidence (see People v Jacobs, 62 Misc 3d 126[A], 2018 NY Slip Op 51852[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; People v Goldmann, 61 Misc 3d 149[A], 2018 NY Slip Op 51746[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]).

We have reviewed defendant's remaining contentions and find them to be unpreserved for appellate review, without merit, or both (see People v Austin, 67 Misc 3d 143[A], 2020 NY Slip [*2]Op 50743[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2020]; People v Massian, 60 Misc 3d 134[A], 2018 NY Slip Op 51049[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; People v Gray, 58 Misc 3d 155[A], 2018 NY Slip Op 50184[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; People v Cataldo, 57 Misc 3d 153[A], 2017 NY Slip Op 51597[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2017]).

Accordingly, the judgment of conviction is affirmed.

ADAMS, P.J., GARGUILO and EMERSON, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 17, 2020