Legal Opinion

People v. Weaver

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

Decided December 30, 1996PublishedCited by 3 opinions

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

  1. People v. GrayNew York Court of Appeals · 1995
  2. People v. DuuvonNew York Court of Appeals · 1991
  3. People v. BrianNew York Court of Appeals · 1994
  4. People v. HryckewiczAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. SumterAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by3 opinions

  1. People v. BryantAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. TolliverAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. RizzoAppellate Division of the Supreme Court of the State of New York · 1999

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