The following excerpt is from People v. Fortini, 17 N.Y.S.3d 384 (Table) (N.Y. City Ct. 2015):
Section 1225c(2) of the Vehicle and Traffic Law prohibits a driver's use of a cell phone while his car is in motion, but only if the cell phone is near the driver's ear. See, People v. AbdulAkim, 27 Misc.3d 1220(A), 2010 WL 1856007 at *5 (N.Y. Sup.Ct., Kings County) (emphasis added).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.