Opinion · New York Court of Appeals
People v. Finger
95 N.Y.2d 894
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 2000-10-12
- Topic
- antitrust
OPINION OF THE COURT 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 NY2d 10, 19-21; People v Bynum, 70 NY2d 858, 859). Defendant’s remaining contention is without merit.
Citator
- Cited by
- 62 opinions
OPINION OF THE COURT
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 NY2d 10, 19-21; People v Bynum, 70 NY2d 858, 859). Defendant’s remaining contention is without merit.
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Order affirmed in a memorandum.