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People v Mitchell (Renee)
2003 NY Slip Op 51588(U)
Decided on November 21, 2003
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This opinion is uncorrected and will not be published in the Official Reports.


Decided on November 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., LIFSON and RUDOLPH, JJ.
NO. 2002-387 W CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

RENEE MITCHELL, Appellant.


Appeal by defendant from a judgment of the Justice Court, Village of Ossining, Westchester County (R. Barlaam, J.), rendered June 6, 2002, convicting her, after a jury trial, of the wilful violation of health laws (Public Health Law § 12-b [2]), and imposing sentence.


Judgment of conviction unanimously reversed on the facts and accusatory instrument dismissed.

In the exercise of our power of factual review (see CPL 470.15 [5]; People v Bleakley, 69 NY2d 490, 495), the verdict of guilty is set aside as against the weight of the evidence.
Decision Date: November 21, 2003