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PEOPLE v. INGBER

2015-2592 NCR.

58 Misc.3d 49 (2017)

66 N.Y.S.3d 785

2017 NY Slip Op 27402

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LINDA INGBER, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided November 30, 2017.

Attorney(s) appearing for the Case

Victor M. Serby for appellant.

John B. Turano for respondent.

MARANO, P.J., TOLBERT and GARGUILO, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered 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...

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