<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,<br><br>against<br><br>Luis Quiros, Appellant. </font></b></div><br><br><p>Luis Quiros, appellant pro se.Westchester County District Attorney, for respondent (no brief filed).</p><p>Appeal from a judgment of the Justice Court of the Village of Mamaroneck, Westchester County (Daniel J. Gallagher, J.), rendered February 21, 2019. The judgment, after a nonjury trial, convicted defendant of failing to obey a traffic control device, and imposed sentence.</p><p>ORDERED that the judgment of conviction is reversed, on the law, the simplified traffic information is dismissed, and the fine, if paid, is remitted.</p><p>Following a nonjury trial, defendant was convicted of violating Vehicle and Traffic Law ยง 1110 (a) for disobeying a traffic control device by crossing solid double yellow lines while making a U-turn. </p><p>Although defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (<i>see </i>CPL 470.05 [2]; <a href="../2008/2008_09254.htm" target="_blank"><i>People v Hawkins</i>, 11 NY3d 484</a>, 491โ��492 [2008]), as a matter of discretion in the interest of justice, we reach the issue and find that the evidence, viewed in the light most favorable to the People (<i>see People v Contes</i>, 60 NY2d 620, 621 [1983]), was legally insufficient to support a conviction of Vehicle and Traffic Law ยง 1110 (a). Pavement markings, such as solid double yellow lines, are considered to be a "traffic-control device" for purposes of Vehicle and Traffic Law ยง 1110 (<i>see </i>Vehicle and Traffic Law ยง 153; James M. Rose, New York Vehicle and Traffic Law ยง 26:3 [2d ed]). However, crossing solid double yellow lines for purposes of making a left turn or a U-turn is not per se illegal (<i>see </i>Vehicle and Traffic Law ยง 1126 [b]; <a href="../2010/2010_52215.htm" target="_blank"><i>People v Hirsch</i>, 29 Misc 3d 144</a>[A], 2010 NY Slip Op 52215[U] [App Term, 2d Dept, 9th &amp; 10th Jud Dists 2010] [finding that it is not inherently unlawful to cross solid double yellow lines];<a href="../2010/2010_50703.htm" target="_blank"><i> People v Sykes</i>, 27 Misc 3d 133</a>[A], 2010 NY Slip Op 50703[U] [App Term, 2d Dept, 9th &amp; 10th Jud Dists 2010]; <i>People v Williams</i>, NYLJ, April 26, 1986 [App Term, 2d Dept, 9th &amp; 10th Jud Dists];<i> People v D'Agostino</i>, NYLJ, April 26, <font color="FF0000">[*2]</font>1985 [App Term, 2d Dept, 9th &amp; 10th Jud Dists]),<sup><a href="#1FN" name="1CASE"><b>[FN1]</b></a></sup> as opposed to crossing those lines for the purpose of passing a vehicle traveling in the same direction, which is illegal (<i>see</i> Vehicle and Traffic Law ยง 1126 [a]).<sup><a href="#2FN" name="2CASE"><b>[FN2]</b></a></sup></p>While U-turns may be prohibited for other purposes (<i>see e.g. </i>Vehicle and Traffic Law ยงยง 1160 [e]; 1161), or where a sign specifically prohibits such a maneuver, there is no provision contained within the Vehicle and Traffic Law which prohibits the crossing of solid double yellow lines to make a U-turn. In view of the foregoing, defendant did not commit a traffic infraction. <p>Accordingly, the judgment of conviction is reversed and the simplified traffic information is dismissed.</p><p>TOLBERT, J.P., RUDERMAN and EMERSON, JJ., concur.</p><p>ENTER:</p><p>Paul Kenny</p><p>Chief Clerk</p><p>Decision Date: January 30, 2020</p><div align="center"><b>Footnotes</b></div><br><br><a name="1FN" href="#1CASE"><b>Footnote 1:</b></a> We note that the Driver's Manual, published by the Department of Motor Vehicles, provides the following: "Double solid lines: . . . You cannot go across the lines <i>except to turn left to enter or leave the highway</i> (e.g., to or from a driveway <i>or to do a U-turn</i> . . .)" (emphasis added) (https://dmv.ny.gov/about-dmv/chapter-4-traffic-control-2#pav-mar).<br><br><a name="2FN" href="#2CASE"><b>Footnote 2:</b></a> The Driver's Manual published by the Department of Motor Vehicles further provides, with respect to solid double lines, "You can not pass or change lanes" (https://dmv.ny.gov/about-dmv/chapter-4-traffic-control-2#pav-mar).~~Moreover, the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), which has been adopted in New York State (<i>see </i>Vehicle and Traffic Law ยง 1680), provides, for traffic traveling in either direction, that two-direction no-passing zone markings consisting of two normal solid yellow lines prohibit crossing the center line markings for the purpose of passing a vehicle traveling in the same direction (<i>see </i>MUTCD ยง 3B.01 [C]).<br><br><br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>