People v. Silas, 308 A.D.2d 465 (N.Y. App. Div. 2003). · Go Syfert
People v. Silas, 308 A.D.2d 465 (N.Y. App. Div. 2003). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Baker (nyappdiv, 2020-11-25)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Baker
N.Y. App. Div. · 2020 · confidence medium
This issue is thus unpreserved ( see People v Stokes , 159 AD3d 1041 , 1042-1043 [2018]; People v Soriano , 121 AD3d 1419, 1423 [2014]; People v Silas , 308 AD2d 465, 466 [2003], lv denied 100 NY2d 645 [2003]).
discussed Cited as authority (rule) People v. Davidson
N.Y. App. Div. · 2014 · confidence medium
In considering a motion to set aside or modify a verdict pursuant to CPL 330.30 (1), a trial court may only consider questions of law, not fact (see People v Ventura, 66 NY2d 693, 694-695 [1985]; People v Carter, 63 NY2d 530, 536 [1984]; People v Thomas, 8 AD3d 303, 303 [2004]; People v Silas, 308 AD2d 465, 466 [2003]; People v Sadowski, 173 AD2d 873, 873-874 [1991]).
discussed Cited as authority (rule) People v. McFadden
N.Y. App. Div. · 2012 · confidence medium
Moreover, a court may only consider claims of error which are properly preserved for appellate review (see People v Simmons, 74 AD3d at 1248 ; People v Silas, 308 AD2d 465, 466 [2003]; People v Sadowski, 173 AD2d at 874 ).
cited Cited as authority (rule) People v. Simmons
N.Y. App. Div. · 2010 · confidence medium
Moreover, a court may only consider claims of error which are properly preserved for appeal (see People v Silas, 308 AD2d 465, 466 [2003]; People v Sadowski, 173 AD2d at 874 ).
discussed Cited as authority (rule) People v. Caldarola
N.Y. App. Div. · 2007 · confidence medium
Thus, the charge was not warranted (see People v Banks, 76 NY2d 799, 800 [1990]; People v Williams, 50 NY2d 1043, 1044-1045 [1980]; People v Johnson, 30 AD3d 439 [2006]; People v Cruz, 13 AD3d 390 [2004]; People v Silas, 308 AD2d 465, 466 [2003]; People v Way, 304 AD2d 844, 844-845 [2003]; People v Hawkins, 258 AD2d 472 [1999]; People v Medina, 237 AD2d 382, 382-383 [1997]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Anthony Silas
Appellate Division of the Supreme Court of the State of New York.
Sep 8, 2003.
308 A.D.2d 465
Cited by 8 opinions  |  Published

—Appeal by the[*466] People from an order of the County Court, Nassau County (LaPera, J.), entered March 26, 2002, which granted the defendant’s motion pursuant to CPL 330.30 to set aside so much of a jury verdict as found him guilty of criminal possession of a weapon in the third degree and ordered a new trial on that charge.

Ordered that the order is reversed, on the law, the defendant’s motion is denied, the verdict is reinstated, and the matter is remitted to the County Court, Nassau County, for sentencing on the conviction of criminal possession of a weapon in the third degree.

A trial court is permitted to set aside a verdict only on a ground which, if raised on appeal, would require reversal as a matter of law (see CPL 330.30; People v Carter, 63 NY2d 530 [1984]). Therefore, only a claim of error that is properly preserved for appellate review will provide a basis to set aside the verdict (see People v Patino, 259 AD2d 502 [1999]; People v Sadowski, 173 AD2d 873 [1991]). For the defendant to properly preserve his claim that the jury should have been charged with the defense of temporary and innocent possession of a weapon, he was required to raise the claim at trial (see People v Kouvaras, 197 AD2d 638 [1993]). The defendant failed to do so and the trial court was, therefore, without authority to set aside the verdict on that ground (see People v Patino, supra).

In any event, even viewing the evidence in the light most favorable to the defendant, there was no reasonable view of the evidence upon which the jury could have found that the defendant had a legal excuse for having the weapon in his possession (see People v Banks, 76 NY2d 799 [1990]; People v Kouvaras, supra). Santucci, J.P., McGinity, Townes and Mastro, JJ., concur.