green
Positive treatment
1.3 score
Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited "see"
DOWTIN v. Cohen
See People v. Bynum, 70 N.Y.2d 858, 859 , 523 N.Y.S.2d 492 , 492, 518 N.E.2d 4 (1987) (general motion to dismiss at close of evidence insufficient to preserve claim regarding establishment of particular element of crime); People v. Golden, 236 A.D.2d 486 , 655 N.Y.S.2d 959 (2d Dep't *329 1997); People v. Caballero, 177 A.D.2d 496 , 575 N.Y.S.2d 710 (2d Dep't 1991) (in both cases, state appellate court held defendant's specific claim that People failed to prove identity unpreserved as a matter of law).
discussed
Cited "see, e.g."
Brito v. Phillips
The argument for dismissing Brito’s petition rests squarely on People v. Gray, wherein the court held that a general motion to dismiss was not sufficient to preserve the contention that there was insufficient evidence to support a specific *362 element of the crime charged (the defendant’s knowledge of the weight of the drugs). 86 N.Y.2d 10 , 629 N.Y.S.2d 173 , 652 N.E.2d 919, 921 (1995) (“[E]ven when a motion to dismiss for insufficient evidence [is] made, the preservation requirement compels that the argument be specifically directed at the alleged error.”); see also People v. Bynum …
Retrieving the full opinion text from the archive…
Salvatore D. Rao
v.
David Gunn, as President of New York City Transit Authority
v.
David Gunn, as President of New York City Transit Authority
New York Court of Appeals.
Nov 19, 1987.
518 N.E.2d 4
1987 N.Y. LEXIS 19063
Cited by 7 opinions | Published
Motion for leave to appeal denied upon the ground that an appeal lies as of right pursuant to CPLR 5601 (d).