Opinion
No. BD2107744.
2013-05-8
PEOPLE of the State of New York, Plaintiff, v. V.E. GIAMBANCO 4th, Defendant.
GARY C. GRANOFF, J.
This matter came before the Court for Trial on April 25, 2013 as a result of the issuance of Simplified Traffic Information No.BD2107744 dated December 7, 2012, issued by the Kings Point Police Department under section 1174–a of the Vehicle and Traffic Law of the State of New York; hereinafter referred to as the “VTL”. The ticket charged defendant with “Failure to Stop for School Bus”. On April 25, 2013, by oral Motion, the People moved to Dismiss the above-referenced Simplified Traffic Information on the grounds that the driver of the vehicle did not violate the applicable Statute which was Section 1174–a of the VTL. The defendant, who was present in court at the time of the People's oral application, also joined in the application and requested that the case be dismissed. The Motion to Dismiss presented to the court was taken under advisement for the Judge to review the facts orally represented by the People in regards to their motion to dismiss, as well as the relevant provisions of Section 1174–a of the VTL, and any relevant case law pertinent to the subject matter.
Immediately prior to making the oral application, the People held a pre-Trial conference and spoke with the defendant and the issuing police officer who were both present in the courtroom prior to trial. After the conclusion of the conference the people felt the driver's actions which gave rise to the issuance of the traffic ticket did not violate Section 1174–a of the VTL (Passed Stopped School Bus). In order for there to be a violation of Section 1174–a, the statute requires that there must be a “meeting or overtaking” of the school bus, which at the time was marked and equipped as such, and while the school bus was stopped for the purpose of receiving or discharging persons, and that at such time, the school bus had in operation a red visual signal or had lights flashing indicating that it was stopped for that purpose.
In the oral application, the people indicated that the facts obtained during the conference between the parties were not in dispute, and as a result the People did not believe the defendant actions violated the provisions set forth in VTL 1174–a, as the defendant did not meet or overtake the school bus even though at the time of the incident, the school bus was receiving or discharging passengers while it's red lights were flashing. The People indicated that in the immediate vicinity of the incident there was a four way intersection with stop signs at each corner. The defendant was traveling eastbound on Steamboat Road and at the intersection the stopped school bus was located on the opposite corner of the intersection heading westbound on Steamboat Road. After stopping at the stop sign, the defendant made a right hand turn onto Kings Point Road, away from the school bus which was stopped on the other side of the intersection on Steamboat Road. Therefore, defendant's vehicle was heading away from the intersection and did not meet and or overtake the school bus as he made the right turn at the corner of the intersection at which point he was traveling perpendicular to the school bus, and away from the school bus. As such, no part of the defendant's vehicle had passed the front of the school bus, nor did the defendant's vehicle overtake the school bus.
The case law on this subject is consistent with the People's motion to dismiss this matter, and other courts have dismissed similar cases where there was no “meeting or overtaking” People v. Salzberg, 47 Misc.2d 866 (1965); and People v. Brooks, 2013 N.Y. Slip Op 23005(2013).
As a result of the foregoing application by the People, joined by the defendant, and upon review of the facts alleged by the People, and case law pertinent to the relevant issues in this matter, the Court accepts the motion of the People to dismiss the case, and the case is hereby DISMISSED.
SO ORDERED: