Opinion
No. 1113.
May 22, 2007.
Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered June 23, 2005, convicting defendant, after a jury trial, of official misconduct, and sentencing him to a term of three years' probation with 70 hours of community service, unanimously reversed, on the law and as a matter of discretion in the interest of justice, and the indictment dismissed.
London Worth, LLP, New York (Howard B. Sterinbach of counsel), for appellant.
No appearance or brief on behalf of respondent.
Before: Tom, J.P., Mazzarelli, Marlow, Nardelli and McGuire, JJ.
As the People concede, there was no corroboration of defendant's statement that he attempted to file a false accident report, a necessary element of the crime as charged, and so the evidence is legally insufficient to sustain the verdict ( see CPL 60.50; People v Murray, 40 NY2d 327, 329 [1976]; People v Greenwood, 20 AD2d 272).