People v. Heatley

I respectfully disagree with the majority’s conclusions “that CPL 470.20 (5) requires dismissal of the indictment if it is determined that the verdict is against the weight of the evidence,” and that we should review the legal *33sufficiency of the evidence in this case. To the contrary, I conclude that defendant does not seek review of the legal sufficiency of the evidence on appeal and, as noted by the majority, did not in any event preserve a legal sufficiency challenge for our review. In my view, we must, pursuant to defendant’s request, review the weight of the evidence with respect to…