Legal Opinion

People v. Fernandez

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

Decided November 21, 2005Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered April 25, 2002, convicting him of manslaughter in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt of manslaughter in the second degree is unpreserved for appellate review since he did not specify the ground he now raises on appeal in his motion to dismiss at trial (see CPL 470.05 [2]; People v…

2Cases cited3 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GrayNew York Court of Appeals · 1995
  3. People v. RourkeAppellate Division of the Supreme Court of the State of New York · 2004

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