Town of Ossining, NY Speeding and Traffic Ticket Defense
The Town Court of Ossining, NY shares its courthouse with the Village of Ossining, New York. Both are located at 86 Spring Street, Ossining, NY 10562, however they are two totally different courts, have different court personnel and different judges. The Ossining Town Court hears speeding, NY VTL § 1180, red light, NY VTL § 1111, stop sign, NY VTL § 1172, cell phone, NY VTL § 1225, and failure to yield tickets, NY VTL § 1144. Palumbo & Associates, PC also defends motorists in Ossining Town Court against auto crimes such as driving with a suspended license and driving without insurance, NY VTL § 319.
In addition to the Village of Ossining, the Town of Ossining also contains part of the Village of Briarcliff Manor. The Village of Ossining houses the infamous Sing Sing prison, located on the bank of the Hudson River. In fact, the term "being sent up the river" refers to being sent up the Hudson River from New York City to Sing Sing Prison.
On January 1, 2012 the Town of Ossining established a Traffic Violations Bureau under General Municipal Law § 370 . They did this in order to ease the burden with respect to the adjudication of traffic infractions. By establishing the Traffic Violations Bureau, the Town Justice Court acquired the jurisdiction of the Village Justice Court. Establishment of this bureau is an attempt to streamline the process. It gives a motorist an opportunity to plead “not guilty” by mail and then have a court date set up.
Speeding tickets and other moving violations in the Ossining Town Court are prosecuted by the a special Ossining Town Court prosecutor. Auto crimes such as driving a vehicle under registration suspension, VTL § 512, reckless driving, VTL § 1212, and aggravated unlicensed operation, VTL § 511, are prosecuted by the Westchester County District Attorney. Located on the bank of the Hudson River, the Town of Ossining has no major parkways or interstates running through it, but sees a lot of speeding and other ticket activity on Route 9 and 9A.
The Ossining Town Court recently decided an interesting case of first impression whereby the defendant was charged with criminal mischief in the 4th degree for damaging his own home during a dispute with his wife. The facts of the case was that the home was titled to the defendant prior to marriage and never titled in any way to the wife after marriage. The Ossining Town Justice framed the issue and question as follows:
An element of the charge of criminal mischief is that the defendant must damage property of another person. Here, the home was not the property of the wife, so defendant argued that the charge of criminal mischief cannot stand. In this case the defendant owned the home prior to his marriage and consequently under the Domestic Relation’s Law the property was “separate property,” i.e., not part of the marital estate and not subject to equitable distribution should the couple divorce. Nonetheless, the court refused to dismiss the charge, holding that:
In other words, the court held that because the wife may have a property interest in the home, the prosecution could still continue, but this would be an element of the state’s case to prove beyond a reasonable doubt. The full text of the decision can be reviewed at People v. Carter, 979 N.Y.S.2d 793, 2014 N.Y. Slip Op. 24029(U) (Ossining Town, 2014).