PEOPLE v. MONTEZUMA (2022)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Appellant, v. Justin MONTEZUMA, Respondent.

2021-648 S C

Decided: October 20, 2022

PRESENT: JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, TIMOTHY S. DRISCOLL, JJ.

Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for appellant. Justin Montezuma, respondent pro se (no brief filed).

ORDERED that the order is reversed, without costs, and the matter is remitted to the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, for a new determination, following a hearing, of defendant's motion to vacate a default judgment entered pursuant to Vehicle and Traffic Law § 1806-a upon a charge of operating a motor vehicle without insurance, and, upon such vacatur, to dismiss the simplified traffic information charging that offense.

For the reasons stated in People v Montezuma (––– Misc 3d ––––, 2022 NY Slip Op –––– [Appeal No. 2021-647 S C], decided herewith), the order is reversed and the matter is remitted to the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, for a new determination, following a hearing, of defendant's motion to vacate a default judgment entered pursuant to Vehicle and Traffic Law § 1806-a upon a charge of operating a motor vehicle without insurance, and, upon such vacatur, to dismiss the simplified traffic information charging that offense.

GARGUILO, P.J., EMERSON and DRISCOLL, JJ., concur.

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