People v. Gray

— Appeal by the defendant from a judgment of the County Court, Westchester County (Nicolai, J.), rendered October 2, 1987, convicting him of unauthorized use of a motor vehicle in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the County Court, Westchester County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

On this appeal, the defendant argues that his guilt was not established beyond a reasonable doubt. We agree. Viewing the evidence…