People v. Roberts

OPINION OF THE COURT

Carro, J. P.

This court is not only statutorily empowered to reverse a *599judgment of conviction which is the result of a verdict that was, in whole or in part, against the weight of the evidence (CPL 470.15 [5]), but should, in fact, do so even if the evidence is legally sufficient from a technical standpoint. (People v Bleakley, 69 NY2d 490.) Applying this principle, we reverse the conviction and dismiss the indictment, as we agree with the trial court that the verdict was against the weight of the evidence.

The incident in question occurred on January 31, 1988 at 11:30 p.m.…