Legal Opinion

People v. Cervera

Appellate Terms of the Supreme Court of New York

Decided July 8, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that the judgment of conviction is reversed, on the law, and the matter is remitted to the Justice Court for a new trial.

Defendant was convicted after a nonjury trial of speeding (Vehicle and Traffic Law § 1180 [d]). The state trooper who had executed the simplified traffic information charging defendant with traveling 50 miles per hour in a 45-miles-per-hour speed zone, testified at a nonjury trial as to his expertise in estimating vehicle speeds within five miles per hour of their true speeds and his calibration and use of a radar device, the results…

2Cases cited32 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. DanielsonNew York Court of Appeals · 2007
  4. Chambers v. MississippiSupreme Court of the United States · 1973
  5. People v. MateoNew York Court of Appeals · 2004

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