Legal Opinion

People v. Devers

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 2011PublishedCited by 14 opinions

1Opinion of the Court

The defendant’s contention that the evidence was not legally sufficient to support his conviction for murder in the second degree is not preserved for appellate review, as defense counsel merely made a general motion for a trial order of dismissal at the close of the People’s case (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 491-492 [2008]; People v Burgess, 75 AD3d 650 [2010]; People v Williams, 38 AD3d 925, 925-926 [2007]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally…

2Cases cited33 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. RomeroNew York Court of Appeals · 2006
  4. Patterson v. New YorkSupreme Court of the United States · 1977
  5. People v. HawkinsNew York Court of Appeals · 2008

28 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. FloresAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. GuevaraAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. VieraAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. SeigniousAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2011

9 more not listed; retrieve them via the Exa API.

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