PEOPLE v. MARINO (2022)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Andrew MARINO, Appellant.

2020-595 S CR

Decided: April 21, 2022

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

Brian J. Davis, for appellant. Suffolk County Traffic Prosecutor's Office, Justin W. Smiloff of counsel, for respondent.

ORDERED that the judgment of conviction is affirmed.

Defendant was charged in a simplified traffic information with following too closely (Vehicle and Traffic Law § 1129 [a]), arising from a three-vehicle automobile accident. At the conclusion of the trial, the court found defendant guilty of following too closely.

Contrary to defendant's contention, the trooper had the authority to file the valid simplified traffic information under the facts presented here (cf. People v D'Andraia, 67 Misc 3d 130[A], 2020 NY Slip Op 50426[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2020]).

Accordingly, the judgment of conviction is affirmed.

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

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