People v. Hines

*58OPINION OF THE COURT

Graffeo, J.

At issue is whether a trial court that denied a motion to dismiss at the close of the People’s case-in-chief may review that decision in the context of a post-verdict CPL 330.30 motion after defendant called witnesses and testified on his own behalf. Because we conclude that Supreme Court erred in revisiting its prior denial, we affirm the order of the Appellate Division reinstating defendant’s conviction.

Defendant Dashon Hines and co-defendant Jamie Crawford were charged with criminal possession of a controlled substance in the first degree (Penal Law § 220.21…