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People v. Baird

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 953 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Monroe County Court, Connell, J.

Present — Pine, J.P., Fallon, Wesley, Doerr and Davis, JJ.


Judgment affirmed. Memorandum: On appeal from a judgment convicting him of assault in the second degree and leaving the scene of a serious personal injury accident, defendant contends that the evidence at trial is insufficient to establish that the assault was reckless and to establish all of the elements of the crime of leaving the scene of a serious personal injury accident. After the People rested at trial, defense counsel moved for a trial order of dismissal on the ground that the prosecution had failed to meet its burden of proof; the court denied the motion. Because the motion did not address the contentions advanced on appeal, it is insufficient to preserve them for our review (see, People v. Gray, 86 N.Y.2d 10). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).


Summaries of

People v. Baird

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 953 (N.Y. App. Div. 1995)
Case details for

People v. Baird

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOREN BAIRD, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 9, 1995

Citations

216 A.D.2d 953 (N.Y. App. Div. 1995)
629 N.Y.S.2d 710