During Eliyahu Poltorak's nonjury trial for speeding, the ticketing officer estimated that Poltorak was driving 73 mph in a 50 mph zone.
After he was found guilty, Poltorak appealed.
The Appellate Term, Second Department, thought that an officer's "uncorroborated" testimony as to the speed of a moving vehicle can support a conviction, as long as the gap between the estimated and the legally permissible speeds is "sufficiently wide."
Since the officer testified that he could guest a car's speed within a five mile per hour differential, and Poltorak was violating the speed limit even if he had been travelling at 68 mph, the AT2 affirmed the conviction.
Whoa Nelly!
To view a copy of the Appellate Term's decision, please use this link: People v. Poltorak