This legislation will amend the Executive Law to prohibit the Division of State Police from making rules or regulations that would limit the ability of a member of the New York State Police to appear at any local court or facility within their geographical area of employment, to recommend a reduced charge from a violation of the Vehicle and Traffic law, other than any violation relating to the consumption or possession of alcohol or drugs. We respectfully request that the Governor approve this legislation.

Effective September 1, 2006, the New York State Troopers will no longer be negotiating plea bargains in town justice courts. This new policy will impact the manner in which traffic tickets are adjudicated in town justice courts. The plea bargain system is essential to keeping the cost of operating our justice courts feasible for the taxpayers. Towns rely upon fine money garnered from traffic tickets to fund all or a substantial portion of the operating expenses associated with town justice courts. Town justices are prohibited from negotiating pleas themselves and must rely upon the district attorney or their designee to negotiate pleas in traffic cases (1980 Op. Atty. Gen. (Inf.) 237 citing Peo. v Decker, 28 Misc 2d 845 [County Ct, Chemung Co, 1961]). In many counties, the State Troopers provide this service.

County Law §700 requires district attorneys to conduct all prosecutions for crimes and offenses cognizable by the courts of the county for which he shall have been elected or appointed. This responsibility includes prosecution of traffic infractions under the Vehicle and Traffic law (1978 Op. Atty. Gen. (Inf.) 179). In conducting such prosecutions, a district attorney is authorized to make pleas to traffic informations in accordance with the aforementioned provisions of Criminal Procedure Law, §§ 220.10 and 340.20.


Although, the County District Attorney is responsible for negotiating traffic ticket plea bargains, the Court of Appeals has recognized the impossibility of requiring a county district attorney to appear and prosecute all misdemeanors and offenses in every court within the county. The district attorney can fulfill his prosecutorial responsibilities by making arrangements whereby he knows of all prosecutions in the county and consents to appearances on his behalf (Op Atty Gen (Inf) No. 96-31; (1978 Op. Atty. Gen. (Inf.) 179 citing People v. Van Sickle, 13 NY2d 61 [1963]; People v. Czajka, 11 NY2d 253 [1962]). Two-thirds of the County district attorneys rely upon the State Troopers to negotiate traffic ticket plea bargains in local town and village justice courts. While we cannot predict how each county district attorney will handle the prosecution of traffic tickets after September 1, 2006, many may look to the towns to help meet this new obligation. It is possible that in some counties a town officer might be called upon to accept a designation from the county district attorney’s office to negotiate plea bargains on behalf of his or her office (Op. Atty. Gen. (Inf.) No. 98-14). The State Attorney General’s Office has opined that this person could be a police officer or his superior, other administrative officers, private attorneys or municipal attorneys (1978 Op. Atty. Gen. (Inf.) 179).


A change in policy of this magnitude during the end of the town’s fiscal year will be very difficult for many towns to financially absorb. In order for towns to absorb this new financial obligation they will need an increase in fees for operational expenses. Town justice courts have not received an increase in fees for operational expenses since 1997 (Chapter 452, §1, of the Laws of 1997 amended the General Municipal Law §99-l; Vehicle & Traffic Law §1809 (9); Penal Law, §60.35 (9, new) increasing the fees to $15.00). Therefore, any change in the appearance policy of the New York State Police should not take affect until legislation is adopted to establish new revenue streams to fund local prosecutors. This legislation affords the State an opportunity to examine the justice court’s operational fee structure and make amendments thereto in order to provide towns with the financial assistance required to implement such a policy as proposed by the State Troopers.

The Association of Towns strongly supports this legislation and respectfully asks the Governor to sign this legislation into law.

Effective September 1, 2006, the New York State Troopers will no longer be negotiating plea bargains in town justice courts. This new policy will impact the manner in which traffic tickets are adjudicated in town justice courts. The plea bargain system is essential to keeping the cost of operating our justice courts feasible for the taxpayers. Towns rely upon fine money garnered from traffic tickets to fund all or a substantial portion of the operating expenses associated with town justice courts. Town justices are prohibited from negotiating pleas themselves and must rely upon the district attorney or their designee to negotiate pleas in traffic cases (1980 Op. Atty. Gen. (Inf.) 237 citing Peo. v Decker, 28 Misc 2d 845 [County Ct, Chemung Co, 1961]). In many counties, the State Troopers provide this service.