Andes Town Court

New York State Local Court Directory	Andes Town Court
A local court in Delaware County New York
Phone:	845-676-3550
Map	MapQuest
Address	Town Hall Star Route 28, Andes, New York 13731
What court Handles	Traffic Tickets, moving violations, Speeding Tickets, Drunk Driving (DWI, DUI) Reckless driving, and criminal charges, aggravated unlicensed driver, following too close, leaving scene of accident, failure to obey traffic control device, red light, stop sign, unsafe lane change, failure to signal, etc.
Attorney advertising	Matisyahu Wolfberg, P.C. Attorney At Law 25 Robert Pit Drive Suite 211 Monsey, New York 10952	(877) 965-3237 Call today for free consultation
		Fax to (877) 742-2268 or SCAN AND email us info@upstatespeeding.com your ticket

Disclaimer: We do our best to insure that the information provided above is accurate, however we recommend that you contact the court before relying on this information.

Sample of one of my appellate brief's, part eight.

STATEMENT OF FACTS
Upon direct examination by the Court, Officer D’Elia testified that the violation occurred on June 26, 2006, while he initially indicated on the “long form” accusatory instrument that the offense occurred on June 20, 2006. The Court asks: “That’s why I asked you if the it was June 20th or 26th? You have alleged [in the “long form” accusatory instrument] the date was June 20th, but it was the 26th?” (p.4, lines 16-18)
In addition, the Officer clearly contradicts himself as to the time of the offense. Upon direct examination the Court asks the Officer: “And about what time was this?” Officer D’Elia answers: “it was one – excuse me nine o’clock in the morning.” (p. 5, lines 4-6) The Court then asks the Officer: “It was the in the morning?” (p.5, line 7) To which the officer answers: “Yes” (p. 5 line 8) Later, during her direct examination of the appellant, the Court asks the appellant: “Can you tell me what happened on the evening of June 26th, 2006, when you got stopped?” (p. 9, lines 17-19) (emphasis added. Such a question by the Court indicates that the Court itself believed the violation to have occurred in the evening, not as the officer had testified earlier, when the Court asked the Officer: “It was the in the morning?” (p.5, line 7) To which the officer answered: “Yes” (p. 5 line 8)

The Officer’s contradiction also becomes apparent during the appellant’s cross-examination of the Officer. The exchange is as follows:
· Mr. Berger (appellant): “And what time was it?”
· Officer D’Elia: “It was 9:02. I believe we went over that.”
· Mr. Berger: “In the morning?”
· Officer D’Elia: “Nine at night, I’m sorry.”
· Mr. Berger: “You told the judge it was morning.”
· Officer D’Elia: If I did it was an accident.”
ARGUMENT
The Court, in its zealous approach in prosecuting the appellant ignored blatant contradictions in the appellant’s testimony; thus, the evidence presented against the appellant at trial lacked both weight and sufficiency to sustain a guilty plea.