People v. Malone

OPINION OF THE COURT

Memorandum.

Judgment of conviction reversed on the law, fine remitted, and simplified traffic information dismissed.

*66Following a nonjury trial at which stenographic minutes were not taken, defendant was convicted of speeding, in violation of section 1180 (d) of the Vehicle and Traffic Law, for driving 84 miles per hour in a 65 mile-per-hour zone on Route 17 in Chester.

In view of the Justice Court’s failure to file an amended return pursuant to CPL 460.10 (3) as required by order of this court dated October 29, 2008, the allegations in defendant’s affidavit of errors are…