People v Herzog (John)
2003 NY Slip Op 51317(U)
Decided on September 9, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Unclassified—Unclassified

Decided on September 9, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:WINICK, J.P., LIFSON and SKELOS, JJ.
NO. 2002-217 N CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, - -

against

JOHN R. HERZOG, Appellant.


[*2]Appeal by defendant from a judgment of the District Court, Nassau County (D. Sher, J.), rendered February 5, 2002, following a non-jury trial, convicting him of harassment in the second degree (Penal Law § 240.26 [1]) and imposing sentence.


Judgment of conviction unanimously reversed on the facts, accusatory instrument dismissed and fine, if paid, remitted.

Defendant was charged with harassment in the second degree (Penal Law § 240.26 [1]) following an incident on September 24, 2001, in which he allegedly shoved the complainant, his wife, into a freezer door in their, home. He was tried by the Bench and convicted.

Upon the exercise of our factual review power (see CPL 470.15 [5]), we conclude that the verdict was against the weight of the evidence. Accordingly, the accusatory instrument is dismissed.
Decision Date: September 09, 2003