Opinion
2003-84 QCR.
Decided March 5, 2004.
Appeal by defendant from a judgment of the Criminal Court, Queens County (J. Latella, J.), rendered January 10, 2003, after a bench trial, convicting him of attempted assault in the third degree (Penal Law §§ 110.00, 120.00), attempted possession of a weapon in the third degree (Penal Law §§ 110.00, 265.01) and harassment in the second degree (Penal Law § 240.26), and imposing sentence.
Judgment of conviction unanimously reversed on the facts and accusatory instrument dismissed.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
A review of the record indicates that the trial court drew negative inferences from the People's failure to produce certain evidence, provide Rosario material and to call a particular witness to the stand. Notwithstanding the foregoing, the trial court found the defendant guilty. Upon the exercise of our power of factual review (see CPL 470.15; People v. Bleakley, 69 NY2d 490, 495), we find that the verdict of guilty was against the weight of the evidence. Accordingly, the judgment of conviction is reversed and the accusatory instrument is dismissed.