People v Kleinman (Robert)

[*1] People v Kleinman (Robert) 2009 NY Slip Op 50924(U) [23 Misc 3d 139(A)] Decided on May 11, 2009 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 11, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ
2008-1001 W CR.

The People of the State of New York, Respondent,

against

Robert Kleinman, Appellant.

Appeal from a judgment of the Justice Court of the Town of Somers, Westchester County (Denis J. Timone, J.), rendered May 13, 2008. The judgment convicted defendant, after a nonjury trial, of parking illegally in violation of section 1202 of the Vehicle and Traffic Law.

Judgment of conviction reversed, on the law, accusatory instrument dismissed and fine remitted.

Upon a review of the record, we find that the evidence adduced at trial was legally insufficient to establish defendant's guilt of violating Vehicle and Traffic Law section 1202 beyond a reasonable doubt. The proof failed to show that defendant's vehicle was parked in any manner proscribed by section 1202 (a) (1). Accordingly, the judgment of conviction is reversed and the accusatory instrument dismissed.

Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.
Decision Date: May 11, 2009