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People v. Ingber

Device Did not Fall Within VTL §1225-d Definition of PED or Catchall; Conviction Reversed

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DECISION & ORDER

*1 Appeal from a judgment of the Justice Court of the Village of Lake Success, Nassau County (Mark D. Mermel, J.), rendered February 11, 2015. The judgment, after a nonjury trial, convicted defendant of using a portable electronic device while operating a motor vehicle.PER CURIAMORDERED that the judgment of conviction is reversed, on the law, the simplified traffic information is dismissed, and the fine, if paid, is remitted.Defendant was charged in a simplified traffic information with using a portable electronic device while operating a motor vehicle (Vehicle and Traffic Law §1225-d [1]). Insofar as is relevant to this appeal, Vehicle and Traffic Law §1225-d provides as follows:“1. Except as otherwise provided in this section, no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion…2. For the purposes of this section, the following terms shall have the following meanings:(a) “Portable electronic device” shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), hand-held device with mobile data access, laptop computer, pager, broadband personal

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