Legal Opinion

People v. Tan

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

Decided March 31, 2017Published

1Opinion of the Court

*1760Appeal from an order of the Monroe County Court (James J. Piampiano, J.), rendered November 5, 2015. The order granted defendant’s motion for a trial order of dismissal.

It is hereby ordered that said appeal is unanimously dismissed.

Memorandum: The People appeal from an order granting defendant’s motion for a trial order of dismissal with respect to the sole charge in the indictment, i.e., murder in the second degree (Penal Law § 125.25 [1]). County Court had reserved decision on the motion at the conclusion of the People’s case and at the conclusion of the evidence. After the jury deliberated…

2Cases cited7 opinions

  1. People v. BrownNew York Court of Appeals · 1976
  2. People v. BiggsNew York Court of Appeals · 2003
  3. People v. LaingNew York Court of Appeals · 1992
  4. People v. BrummelAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2004

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