Opinion
No. 2012–2112 N C.
2014-07-24
The PEOPLE of the State of New York, Respondent, v. Maria ANGHEL, Appellant.
Present: IANNACCI, J.P., MARANO and GARGUILO, JJ.
Appeal from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (John P. O'Shea, J.H.O.), entered April 11, 2012. The judgment, after a nonjury trial, imposed a $65 civil liability upon defendant as the owner of a vehicle which had failed to stop at a red light.
ORDERED that the judgment is affirmed, without costs.
This action was commenced to impose a civil liability upon defendant as the owner of a vehicle which had been recorded by a “traffic-control signal photo violation-monitoring” device failing to comply with a traffic-control indication in violation of Local Law No. 12 (2009) of the County of Nassau, which established title 72, “Vehicle Owner Liability For Failure Of Operator To Comply With Traffic–Control Indications” ( see also Vehicle and Traffic Law §§ 1111–b, 1111[d] ).
It was alleged in the notice of liability that defendant's vehicle did not stop at a red light on February 4, 2012, at 5:29 p.m ., at the intersection of Grand Avenue and Merrick Road. The notice advised defendant that the recorded images and video of the offense would be submitted as evidence in the proceeding. At the hearing, the People entered into evidence a series of photographs depicting defendant's vehicle, the red light involved, and the location of the subject violation, as well as a video of the events charged in this matter. Additionally, the People entered into evidence a technician's certificate certifying the violation of Vehicle and Traffic Law § 1111(d) and stating that the information received from the Department of Motor Vehicles was compared with the images on the videotape and the photographs, and ascertained to be the same. The certificate further stated that defendant's vehicle did not come to a full stop at the red traffic light nor did it remain there until the light turned green. The court found defendant liable and imposed a civil liability upon her in the sum of $65.
Pursuant to Vehicle and Traffic Law § 1111–b (d) and section 3(b) of title 72, the technician's certificate constituted prima facie evidence of the violation of Vehicle and Traffic Law § 1111(d), which evidence defendant failed to rebut. Defendant's contention that she was denied the right to confront witnesses is without merit ( see People v. Kay, 38 Misc.3d 131[A], 2012 N.Y. Slip Op 52414[U] [App Term, 9th & 10th Jud Dists 2012]; People v. Nager, 34 Misc.3d 135[A], 2011 N.Y. Slip Op 52390[U] [App Term, 9th & 10th Jud Dists 2011] ). We have reviewed defendant's remaining contentions and find them to be without merit or unpreserved for appellate review ( see generally Levine v. Traffic & Parking Violation Agency for Nassau County, 29 Misc.3d 1205[A], 2010 N.Y. Slip Op 51702[U] [Sup Ct, Nassau County 2010] ).
Accordingly, the judgment is affirmed.