People v. Bogomolsky

Weston Patterson, J.,

dissents and votes to reverse the judgment of conviction and dismiss the accusatory instrument. I am of the view that the verdict was against the weight of the evidence (see CPL 470.15 [5]; People v Bleakley, 69 NY2d 490 [1987]). Complainant testified for the People that a school bus being driven by defendant struck her, a pedestrian, causing her to fall. Defendant driver of the bus and a passenger, Ms. Taub, testified to the effect that the bus driver never struck complainant, but she nevertheless sat down in the street, set her coffee cup down and began shouting.…