People v. Alvarez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s contention that the evidence was not legally sufficient to support his convictions is unpreserved 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 Devers, 82 AD3d 1261 [2011]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that the evidence was legally sufficient to prove the defendant’s guilt beyond a reasonable doubt. Moreover,…
2Cases cited7 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. ContesNew York Court of Appeals · 1983
- People v. CrimminsNew York Court of Appeals · 1975
- People v. RomeroNew York Court of Appeals · 2006
- People v. BeneventoNew York Court of Appeals · 1998
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3Cited by5 opinions
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2013
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2012
- Alvarez v. KirkpatrickDistrict Court, S.D. New York · 2019
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2013