People v. Genovese

In People v. Genovese (156 Misc2d 569, 593 N.Y.S.2d 925) a state trooper arrived at the scene of a motor vehicle accident, interviewed the drivers involved and made a determination based upon that information. After this investigation the trooper issued a uniform traffic ticket for the traffic violation of an improper right turn to one of the motorists, although he did not witness the accident. Based upon that failure, the Town Court dismissed the charge, holding that the trooper improperly issued a uniform traffic ticket for an offense not committed in his presence. (Although not part of the court's reasoning in the decision and CPL 140.10[1][a] was not cited, it is implicit that the trooper had no reasonable cause to believe the offense was committed in his presence).