People v. Rose
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered August 25, 2004, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the People’s argument, the defendant’s contention that the evidence was legally insufficient to prove his guilt beyond a reasonable doubt is preserved for appellate review since his argument, upon moving to dismiss the indictment at the close of the People’s case, was sufficiently specific to alert the court to the defendant’s position (see…
2Cases cited20 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. RomeroNew York Court of Appeals · 2006
- People v. BrownNew York Court of Appeals · 2002
- People v. WayNew York Court of Appeals · 1983
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3Cited by13 opinions
- People v. BorukhovaAppellate Division of the Supreme Court of the State of New York · 2011
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- People v. DamonAppellate Division of the Supreme Court of the State of New York · 2010
- Reilly v. NiniaAppellate Division of the Supreme Court of the State of New York · 2011
- People v. DemolaireAppellate Division of the Supreme Court of the State of New York · 2008
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