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Jurisdiction: Court of Appeals for the Second Circuit
Decision Date: 2/17/2015

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        People v. Rivera People v. Rivera, 13 N.Y.S.3d 852 (2nd Cir., 2015)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        13 N.Y. S. 3d 852(Table)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        The PEOPLE of the State of New York, Respondent
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Alfonso RIVERA, Appellant.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        No. 2013–458 W CR.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Supreme Court, Appellate Term, Second Dept 9 and 10 Judicial Dist.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Feb. 17, 2015.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        13 N.Y. S. 3d 852(Table)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        The PEOPLE of the State of New York, Respondent v. Alfonso RIVERA, Appellant.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        No. 2013–458 W CR.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Supreme Court, Appellate Term, Second Dept 9 and 10 Judicial Dist.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Feb. 17, 2015.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Opinion

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Appeal from a judgment of the Justice Court of the Village of Mamaroneck, Westchester County (Christie L. Derrico, J. ), rendered December 23, 2012. The judgment convicted defendant, after a nonjury trial, of passing a red light.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDERED that the judgment of conviction is reversed, on the facts, and the accusatory instrument is dismissed.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Following a nonjury trial, defendant was convicted of passing a red light in violation of Vehicle and Traffic Law § 1111(d)(1).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        To the extent defendant argues that his conviction was not supported by legally sufficient evidence, his argument is unpreserved for appellate review, as he did not move before the Justice Court to dismiss the simplified traffic information (see CPL 470. 052 ; People v. Gray, 86 N.Y.2d 10 19 1995 ; People v. . Kent, 71 A.D.3d 1162 2010 ; People v. McDowell, 248 A. D. 2d 488 489 1998 ; People v. Yankovich, 39 Misc. 3d 133A, 2013 N.Y. Slip Op 50530 U App Term, 9th & 10th Jud Dists 2013 ).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470. 155 ; People v. Danielson, 9 NY3d 342 2007 ), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, observe their demeanor and assess their credibility (see People v. Lane, 7 NY3d 888, 890 2006 ; People v. Bleakley, 69 N.Y.2d 490 495 1987 ). However, upon reviewing the record and weighing “the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony” (People v. Zephyrin, 52 A.D.3d 543, 543 2008 internal quotation marks and citation omitted ), we find “that an acquittal . . . would not have been unreasonable based upon the evidence presented, ” and that “the trial court failed to accord the evidence the weight it should have been accorded” (id. ; see People v. Danielson, 9 NY3d at 348 ; see also People v. McCoy, 34 Misc. 3d 136A, 2011 N.Y. Slip Op 52397U App Term, 2d, 11th & 13th Jud Dists 2011 ). Thus, we conclude that the verdict was against the weight of the evidence.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        In light of our determination, we need not reach defendant's remaining contentions.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Accordingly, the judgment of conviction is reversed and the accusatory instrument is dismissed.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        IANNACCI, J. P TOLBERT and GARGUILO, JJ concur.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cited By
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Negative Treatment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Notes

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