People v Gershen

Holding The conviction for speeding was affirmed because the trooper’s testimony regarding radar readings and visual speed estimates was sufficient to prove the violation beyond a reasonable doubt. The court found that the trial court did not err in excluding the defendant’s proffered evidence, as it was duplicative of his testimony and not exculpatory.

The court’s words

the trooper's testimony that he had visually estimated the speed of defendant's vehicle, which exceeded the speed limit by 25 mph, was alone sufficient to establish defendant's guilt beyond a reasonable doubt

2026 NY Slip Op 51313[U], at the official text

we find that it was not an improvident exercise of discretion for the trial court to have excluded from evidence defendant's proffered material, which, contrary to defendant's claim, was not exculpatory

2026 NY Slip Op 51313[U], at the official text

the trial court not only allowed the pro se defendant to refer to his proffered evidence while cross-examining the trooper, it also allowed him to testify about the contents of that evidence

2026 NY Slip Op 51313[U], at the official text