People v. Martin

W. PATRICK FALVEY, J. The case before the court appears to be one of first impression under the facts presented. Furthermore, the court having had the opportunity to observe the demeanor and credibility of the applicant while on the witness stand and after having considered the history and character of this applicant, the circumstances surrounding the crime for which he was convicted, to and including the ages of both the applicant and victim at the time of the incident, the applicant's lack of any further criminal history or proof of reoffending for a period of over 21 years, the court determines that, after due deliberation, the applicant has sustained his burden of showing that his 1981 conviction will have no bearing on his ability or fitness to operate a bus transporting persons under the age of 21 or persons of any age who are mentally or physically disabled. Therefore, his application to amend his CRD is granted. Defendant's counsel to submit proposed amended CRD containing appropriate language to comply with Vehicle and Traffic Law § 509-cc (2) (b).