People v. Lemay
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
As a threshold matter, the defendant’s legal sufficiency claim is unpreserved for appellate review, as the defendant failed to move to dismiss the indictment at the close of the People’s case (see People v Pinder, 269 AD2d 547 [2000]). In any event, the *758evidence was legally sufficient to prove the defendant’s guilt beyond a reasonable doubt.
Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses,…
2Cases cited15 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. BleakleyNew York Court of Appeals · 1987
- People v. DanielsonNew York Court of Appeals · 2007
- People v. RomeroNew York Court of Appeals · 2006
- People v. MateoNew York Court of Appeals · 2004
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3Cited by14 opinions
- People v. GiarlettaAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GonsalezAppellate Division of the Supreme Court of the State of New York · 2016
- People v. MarsdenAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BoyceAppellate Division of the Supreme Court of the State of New York · 2014
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2020
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