People v. Weaver
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: The contention that defendant was deprived of a fair trial by prosecutorial misconduct is not preserved for our review (see, CPL 470.05 [2]). Defendant also failed to preserve for our review his contention that the evidence is insufficient to establish that he knowingly entered a dwelling (see, Penal Law § 140.00 [3]; § 140.25 [2]) because he failed to make a motion to dismiss that was " ’specifically directed’ ” at that alleged error (People v Gray, 86 NY2d 10, 19; see, People v…
2Cases cited8 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. DuuvonNew York Court of Appeals · 1991
- People v. BrianNew York Court of Appeals · 1994
- People v. HryckewiczAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SumterAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by3 opinions
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 2004
- People v. TolliverAppellate Division of the Supreme Court of the State of New York · 1998
- People v. RizzoAppellate Division of the Supreme Court of the State of New York · 1999