The People of the State of New York, Respondent, v. Katherine Alfaro, Appellant. (2022)

ORDERED that the judgment of conviction is affirmed.

Defendant was charged in a simplified traffic information with operating a motor vehicle with a backseat passenger under 16 years of age who is not restrained by a safety belt, in violation of Vehicle and Traffic Law § 1229-c (1) (c). At the conclusion of a nonjury trial, the court found defendant guilty.

Contrary to defendant's contention, the police officer had the authority to file the simplified traffic information under the facts presented here (see CPL 100.25 [2] [the allegations of fact that must be contained in a supporting deposition to a simplified traffic information to provide reasonable cause to believe that the defendant committed the offense charged may be based either upon personal knowledge or upon information and belief]; People v Marino, 75 Misc 3d 127[A], 2022 NY Slip Op 50369[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2022]; 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]).

Defendant's remaining contentions are without merit.

Accordingly, the judgment of conviction is affirmed.

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

ENTER:

Paul Kenny

Chief Clerk

Decision Date: October 27, 2022