People v. Santos
| Citation | 86 N.Y.2d 869,658 N.E.2d 1041,635 N.Y.S.2d 168 |
| Court | New York Court of Appeals |
| Decision Date | 31 October 1995 |
| Parties | , 658 N.E.2d 1041 The PEOPLE of the State of New York, Respondent, v. Carlos SANTOS, Appellant. |
The order of the Appellate Division should be affirmed.
The issue presented on appeal is whether a defendant's general motion to dismiss for insufficiency after the People have rested in a Bench trial raises a question of law. This Court has held that a specific objection is required to preserve sufficiency of the evidence claims for appellate review in jury trials (People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919; see, People v. Bynum, 70 N.Y.2d 858, 523 N.Y.S.2d 492, 518 N.E.2d 4). There is no material difference between jury and nonjury trials in this respect and no practical reason why the Gray- Bynum rule should not apply to both Bench and jury trials. To the extent our holding conflicts with People v. Nixon, 248 N.Y. 182, 161 N.E. 463, that decision is overruled.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
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...protesters who occupied the entire sidewalk forced pedestrians out into the street), overruled on other grounds by People v. Santos, 86 N.Y.2d 869, 871, 635 N.Y.S.2d 168, 658 N.E.2d 1041 (1995). There is, then, a serious question of fact whether the protesters, who allege that they merely w......
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Table of cases
...746 (2011), § 16:60 People v. Santiago, 68 Misc.2d 85, 326 N.Y.S.2d 332 (Crim. Ct., New York County, 1971), § 7:100 People v. Santos, 86 N.Y.2d 869, 635 N.Y.S.2d 168 (1995), §§ 1:150, 1:160 People v. Sapia , 41 N.Y.2d 160, 391 N.Y.S.2d 93 (1976), § 7:60 People v. Sarubbi, 61 A.D.3d 493, 877......
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Objections & related procedures
...(2003) (A party’s failure to specify the basis for its general objection renders its argument unpreserved for review); People v. Santos , 86 N.Y.2d 869, 635 N.Y.S.2d 168 (1995) (specific objection necessary to preserve sufficiency of evidence claim for review in both jury and bench trials);......
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Objections & related procedures
...(2003) (a party’s failure to specify the basis for its general objection renders its argument unpreserved for review); People v. Santos , 86 N.Y.2d 869, 635 N.Y.S.2d 168 (1995) (specific objection necessary to preserve sufficiency of evidence claim for review in both jury and bench trials);......
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Objections & related procedures
...(2003) (A party’s failure to specify the basis for its general objection renders its argument unpreserved for review); People v. Santos , 86 N.Y.2d 869, 635 N.Y.S.2d 168 (1995) (speciic objection necessary to preserve suiciency of evidence claim for review in both jury and bench trials); Ro......