People v. Phillips

• Citation: 31 N.Y.S.3d 923 (Table)
• Decision Date: 08 January 2016
• Docket Number: No. 2014–92 N CR.,2014–92 N CR.
• Parties: The PEOPLE of the State of New York, Respondent, v. Veronica PHILLIPS, Appellant.
• Court: New York Supreme Court — Appellate Term

31 N.Y.S.3d 923 (Table)

The PEOPLE of the State of New York, Respondent,
v.
Veronica PHILLIPS, Appellant.

No. 2014–92 N CR.

Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.

Jan. 8, 2016.

Appeal from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Lawrence M. Schaffer, J.H.O.), rendered December 12, 2013. The judgment, after a nonjury trial, convicted defendant of using a mobile telephone while operating a motor vehicle.

ORDERED that the judgment of conviction is reversed, on the law, and the matter is remitted to the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency, for a new trial.

Defendant was charged in a simplified traffic information with using a mobile telephone while operating a motor vehicle (Vehicle and Traffic Law § 1225–c [2 ][a] ). At a nonjury trial held on December 12, 2013, a police officer testified that, prior to pulling over defendant's vehicle, he had observed defendant holding her cell phone in her hand, next to her face, while her vehicle was in motion. Defendant, who appeared pro se, testified that she was not using her cell phone while she was driving and that her phone was located by the vehicle's glove compartment. Defendant also indicated to the court that she had exculpatory evidence to present; however, the court did not respond directly to defendant, or even acknowledge her request. Instead, without allowing defendant to rest her case, the judicial hearing officer rendered his verdict, finding her guilty as charged. Defendant immediately protested, stating that she did not understand why a verdict had been rendered when she had informed the court that she had exculpatory evidence to present. On appeal, defendant contends that she was deprived of her fundamental constitutional right to a fair trial since she was denied the opportunity to introduce evidence in support of her defense, despite notifying the court that she had evidence to present. In their respondent's brief, the People suggest that this appeal cannot be determined without a remittal to the trial court for an identification of defendant's proposed evidence.

Vehicle and Traffic Law § 1225–c (2)(a)...