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People v Sepinski (Robert)
2007 NY Slip Op 51210(U) [16 Misc 3d 126(A)]
Decided on June 11, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 11, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., LaCAVA and EMERSON, JJ
2005-1939 RO CR.

The People of the State of New York, Respondent,

against

Robert Sepinski, Appellant.


Appeal from a judgment of the Justice Court of the Town of Stony Point, Rockland County (Louis Vicari, J.), rendered November 15, 2005. The judgment convicted defendant, after a nonjury trial, of harassment in the second degree.


Judgment of conviction reversed on the law and accusatory instrument dismissed.

Defendant was convicted of harassment in the second degree (Penal Law § 240.26 [3]). As conceded by the People, the proof at trial was legally insufficient to
establish defendant's guilt beyond a reasonable doubt. Consequently, the judgment convicting defendant of harassment in the second degree must be reversed and the accusatory instrument dismissed.

Rudolph, P.J., LaCava and Emerson, JJ., concur.
Decision Date: June 11, 2007