Village Justice Gary Granoff
Kings Point Police Department issued a simplified traffic information under Vehicle & Traffic Law §1174-a charging Giambanco with failing to stop for a school bus. Prosecutors moved to dismiss the information noting the driver did not violate the applicable statute. Giambanco joined in the application, moving for dismissal. After conclusion of a pre-trial conference, prosecutors contended Giambanco’s actions, which gave rise to issuance of the ticket, did not violate §1174-a. They noted as Giambanco did not meet or overtake the school bus, even though at the time of the incident the bus was receiving or discharging passengers while its red lights were flashing, dismissal was warranted. Prosecutors found Giambanco’s vehicle was heading away from the intersection of a four way stop sign with the bus was on the opposite corner. Thus, as defendant’s car made a right turn at the corner of the intersection moving away from the bus, he did not meet or overtake the bus. The court agreed finding as no part of Giambanco’s vehicle passed the front of the school bus, nor did he overtake the bus, case law on the subject was consistent with prosecutors’ motion to dismiss the instant matter. Hence, it accepted the motion, dismissing the case.
