People v. Washington (Wayne)

The People of the State of New York, Respondent,

against

Wayne Washington, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Geraldine Pickett, J., at trial; Michael J. Yavinsky, J., at sentence), rendered February 13, 2013. The judgment convicted defendant, after a nonjury trial, of attempted criminal obstruction of breathing or blood circulation.

ORDERED that the judgment of conviction is reversed, on the facts, and the accusatory instrument is dismissed.

Defendant was charged in a criminal complaint with assault in the third degree (Penal Law §…