Opinion
JJ 2008-1001 W CR.
Decided on May 11, 2009.
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.
PRESENT: RUDOLPH, P.J., TANENBAUM and SCHEINKMAN.
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.