People v Wharwood (Junior)

[*1] People v Wharwood (Junior) 2014 NY Slip Op 51254(U) Decided on August 5, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 5, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., TOLBERT and GARGUILO, JJ.
2012-2485 W CR

The People of the State of New York, Respondent,

against

Junior A. Wharwood, Appellant.

Appeal from a judgment of the Justice Court of the Town of Harrison, Westchester County (Nelson E. Canter, J.), rendered November 1, 2012. The judgment, after a nonjury trial, convicted defendant of speeding.

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

Following a nonjury trial, defendant was convicted of speeding (Vehicle and Traffic Law § 1180 [b]).

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), upon reviewing the record, assessed in light of the elements of the offense, we find that the verdict of guilt of speeding was against the weight of the evidence, as the People never proved that defendant was the driver of the vehicle which had allegedly been speeding (cf. People v Klepper, 25 NY2d 46 [1969]; People v Schlessinger, 35 Misc 3d 150[A], 2012 NY Slip Op 51122[U] [App Term, 9th & 10th Jud Dists 2012]).

Accordingly, the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.

Iannacci, J.P., Tolbert and Garguilo, JJ., concur.

Decision Date: August 05, 2014