People v. Conway

Upon remittitur from the Court of Appeals (6 NY3d 869 [2006]) for consideration of the facts, judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered July 3, 2001, convicting defendant, after a nonjury trial, of assault in the third degree, and sentencing him to 150 hours of community service and a $1,000 fine, reversed, on the facts, and the indictment dismissed.

This case was remanded to this Court for “consideration of the facts,” that is, whether the verdict is against the weight of the evidence. Under weight of the evidence review “[e]ven if all the elements and necessary…