People v. Nicol

OPINION OF THE COURT

Richard C. Moriarty Sr., J.

Facts

The defendant, Delores P. Nicol, was charged on February 17, 2002, with speeding in violation of Vehicle and Traffic Law § 1180 (d), by traveling 53 miles per hour in a posted 40 mile per hour zone, on Westinghouse Road in the Village of Horse-heads, New York. During the course of the trial, the People presented the elements of the speeding charge, then rested. *712The sole issue raised by the defense was that the People failed to identify the defendant as the operator of the vehicle and therefore failed to prove the defendant guilty beyond a…