People v. McCoy
| Decision Date | 15 May 2019 |
| Citation | 102 N.Y.S.3d 517,126 N.E.3d 167 (Table),33 N.Y.3d 1033 |
| Parties | PEOPLE v. MCCOY (Jemar) |
| Court | New York Court of Appeals Court of Appeals |
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21 cases
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People v. Ruffin
... ... A person is guilty of criminal possession of a weapon in the third degree when, as relevant here, "he or she knowingly possesses any firearm and has been previously convicted of any crime" ( People v. McCoy, 169 A.D.3d 1260, 1262, 95 N.Y.S.3d 441 [2019], lv denied 33 N.Y.3d 1033, 102 N.Y.S.3d 517, 126 N.E.3d 167 [2019] ; see Penal Law 265.01[1] ; 265.02[1]). For both counts, "the term firearm means any operable pistol or revolver" ( People v. McCoy, 169 A.D.3d at 1262, 95 N.Y.S.3d 441 ; see ... ...
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People v. Stover
... ... ORDERED that the judgment is affirmed. -------- Notes: 1 Defendant's challenge to the legal sufficiency of counts 4 and 5 is unpreserved for our review as defendant did not make specific arguments regarding those counts in his motion for a trial order of dismissal ( see People v. McCoy, 169 A.D.3d 1260, 1261, 95 N.Y.S.3d 441 [2019], lv denied 33 N.Y.3d 1033, 102 N.Y.S.3d 517, 126 N.E.3d 167 [2019] ). Nevertheless, in the course of reviewing defendant's challenge that the verdict as to all counts is against the weight of the evidence, we "necessarily evaluate whether all ... ...
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People v. Butkiewicz
... ... McCoy , 169 A.D.3d 1260, 12611262, 95 N.Y.S.3d 441 [2019] [internal quotation marks and citations omitted], lv denied 33 N.Y.3d 1033, 102 N.Y.S.3d 517, 126 N.E.3d 167 [2019] ). As relevant here, a conviction for attempted rape in the first degree requires proof that the defendant "intended and came ... ...
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People v. Hilton
... ... That said, when assessing counsel's representation in its entirety, we do not agree with defendant that the failure to request a circumstantial evidence charge, by itself, amounted to ineffective assistance (see People v. McCoy, 169 A.D.3d 1260, 12651266, 95 N.Y.S.3d 441 [2019], lv denied 33 N.Y.3d 1033, 102 N.Y.S.3d 517, 126 N.E.3d 167 [2019] ; People v. Ramos, 133 A.D.3d 904, 909, 20 N.Y.S.3d 183 [2015], lv denied 26 N.Y.3d 1143, 1149, 32 N.Y.S.3d 57, 51 N.E.3d 568 [2016] ; People v. Gunney, 13 A.D.3d 980, 983, 787 ... ...
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