It is not an issue of a crime but a violation. The new policy in Brooklyn is hands free. The phone cannot be in your hand. I still suggest fighting it because it is the Officer who has to prove his case.
I recall the law as amended is that merely holding it in one's hand creates at least a presumption that it was being used illegally.
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This is a beatable ticket. I suggest that you fight it. Although the law clearly says that the operator cannot hold a portable device in his hands, but with proper cross examination this ticket may be dismissed