Legal Opinion
People v. Finch
New York Court of Appeals
Decided May 13, 2014PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that, where a defendant has unsuccessfully argued before trial that the facts alleged by the People do not constitute the crime charged, and the court has rejected the argument, defendant need not specifically repeat the argument in a trial motion to dismiss in order to preserve the point for appeal. We also hold that the argument defendant makes here has merit, and requires reversal of his conviction for resisting arrest.
I
Calleasha Bradley was a tenant at Parkside Commons, a federally-subsidized apartment complex in Syracuse. Defendant, who did not live…
2Cases cited13 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. HawkinsNew York Court of Appeals · 2008
- People v. HinesNew York Court of Appeals · 2001
- People v. MahboubianNew York Court of Appeals · 1989
- People v. SuarezNew York Court of Appeals · 2005
8 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- The People v. Charles Smith The People v. Tyrell Ingram , The People v.Isma McGheeNew York Court of Appeals · 2016
- The People v. Thomas JacksonNew York Court of Appeals · 2017
- People v. JuniorAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LefloreAppellate Division of the Supreme Court of the State of New York · 2017
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2017
65 more not listed; retrieve them via the Exa API.