People v. Hazzard

I respectfully dissent. Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), I conclude that the verdict finding defendant guilty of the charges arising from the incident on December 25, 2011 is against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). I would therefore reverse the judgment, dismiss the indictment, and remit the matter to County Court for proceedings pursuant to CPL 470.45.

“The Court of Appeals has recently reiterated that, in reviewing the weight of the…