People v. Wells

OPINION OF THE COURT

Memorandum.

Ordered that the judgment of conviction is reversed, on the facts, the simplified traffic information is dismissed, and the fine, if paid, is remitted.

Defendant was charged in a simplified traffic information with using a mobile telephone while operating a motor vehicle (Vehicle and Traffic Law § 1225-c [2] [a]). At a nonjury trial, a New York State Trooper testified that, on December 16, 2014, at approximately 10:01 a.m., while driving in an unmarked police vehicle on the Southern State Parkway, he had observed defendant’s vehicle pass in the left lane while…