Opn. No.

Hon. Joseph Jaffe District Attorney, Sullivan County

This is in response to your letter of April 11, 1978, wherein you pose several questions pertaining to the administration of criminal justice in the Justice Courts in various towns and villages within Sullivan County.

Your first question asks if a magistrate, with no district attorney or assistant district attorney present, may accept a plea on a violation of Vehicle and Traffic Law, § 1180(b), to a lower rate of speed than that indicated on the U.T.T. without the prior approval of a member of the district attorney's staff.

A U.T.T. issued as…