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THE PEOPLE, res v. WALTER BATTISTE, def-app

12-227. THE PEOPLE, res v. WALTER BATTISTE, def-app — Judgment of conviction (John Cataldo, J.H.O.), rendered January 11, 2012, reversed, on the law and the facts, accusatory instrument dismissed, and fine, if paid, remitted.

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12-227. THE PEOPLE, res v. WALTER BATTISTE, def-app — Judgment of conviction (John Cataldo, J.H.O.), rendered January 11, 2012, reversed, on the law and the facts, accusatory instrument dismissed, and fine, if paid, remitted.

The underlying accusatory instrument charged defendant with violating New York City Parks and Recreation Department Rules (56 RCNY) §1-05(s)(1), by being in an exclusive children playground unaccompanied by a child under the age of twelve. The police testimony elicited at the Summons Part trial showed that defendant was observed for a brief duration “playing chess” on a chess table in the West 92nd Street, City park at issue. The officer, while testifying that defendant was on the “backside of the jungle gym,” in an exclusive children playground portion of the park, also testified that the chess table was “some distance away” from the playground. This testimony was, at best, equivocal and ambiguous as to area of the park that was restricted to the use of children and whether defendant was in such area (unaccompanied by a child), and upon our independent review of the weight of the evidence (see People v. Danielson, 9 NY3d 342 [2007]), we find it to be insufficient to establish beyond a reasonable doubt that defendant was guilty of the underlying misdemeanor offense.

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