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People v. Finger [1st Dept 2000

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 2000
(N.Y. App. Div. Oct. 12, 2000)

Opinion

October 12, 2000.

Kristina Schwarz, for appellant.

Jonathan J. Silbermann, for respondent.


MEMORANDUM:

The order of the Appellate Division should be affirmed. Defendant contends that the prosecution failed to present legally sufficient evidence that his reckless conduct occurred "under circumstances evincing a depraved indifference to human life" (Penal Law § 120.25). Defendant moved to dismiss on the ground "that the prosecution fail[ed] to prove each and every element of both counts of the indictment, beyond a reasonable doubt, as a matter of law." Defendant's general motion to dismiss is insufficient to preserve his argument for our review (see, People v Gray, 86 N.Y.2d 10, 19-21; People v Bynum, 70 N.Y.2d 858, 859). Defendant's remaining contention is without merit.

Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.


Summaries of

People v. Finger [1st Dept 2000

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 2000
(N.Y. App. Div. Oct. 12, 2000)
Case details for

People v. Finger [1st Dept 2000

Case Details

Full title:THE PEOPLE, RESPONDENT, v. MARTIN FINGER, APPELLANT

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

Date published: Oct 12, 2000

Citations

(N.Y. App. Div. Oct. 12, 2000)