| People v Rivera |
| 2014 NY Slip Op 50816(U) [43 Misc 3d 141(A)] |
| Decided on May 9, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Justice Court of the Village of Great Neck Estates, Nassau County (Harry H. Burstein, J.), rendered October 23, 2012. The judgment convicted defendant, after a nonjury trial, of unsafe backing.
ORDERED that the judgment of conviction is reversed, on the facts, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
After a nonjury trial, the Justice Court convicted defendant of unsafe backing (Vehicle and Traffic Law § 1211 [a]). The sole witness for the People, a police officer, testified that she was parked at the side of the road in an unmarked police vehicle. As defendant backed her vehicle into the vacant parking space in front of the police vehicle, in an attempt to parallel park her vehicle, the rear bumper of her vehicle struck the front bumper of the police vehicle with a "medium impact." Defendant told the officer that she thought she had enough room to park her car.
In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5] People v Danielson, 9 NY3d 342 [2007]), we accord great deference to the factfinder's opportunity at the trial to view the witnesses, hear their testimony, observe their demeanor and assess their credibility (see People v Lane, 7 NY3d 888, 890 [2006] People v Bleakley, 69 NY2d 490, 495 [1987]). However, upon reviewing the record, we find that the verdict of guilt of unsafe backing was against the weight of the evidence, as the People did not establish that the backward movement of defendant's vehicle was not "made with safety" and "interfer[ed] with other traffic" (Vehicle and Traffic Law § 1211 [a]). Defendant was simply backing into a parking space, miscalculated the amount of room she had, and struck the parked police vehicle, without causing any damage (see People v Sutherland, 2002 NY Slip Op 40272[U] [App Term, 9th & 10th Jud Dists 2002] cf. People v Javor, 5 Misc 3d 132[A], 2004 NY Slip Op 51350[U] [App Term, 9th & 10th Jud Dists 2004] People v Ottey, 21 Misc 3d 493 [Rochester City Ct 2008] People v Strafer, 10 Misc 3d 1072[A], 2006 NY Slip Op 50046[U] [Crim Ct, Kings County 2006]).
Accordingly, the judgment of conviction is reversed, the accusatory instrument is dismissed, and the fine, if paid, is remitted.
Nicolai, P.J., Iannacci and Tolbert, JJ., concur.