PEOPLE v. NOSEK


160 A.D.2d 898 (1990)

The People of the State of New York, Respondent, v. Joseph Nosek, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 16, 1990


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, we conclude that the court properly exercised its discretion in denying his motion for a trial order of dismissal. Upon such a motion, the trial court must view the evidence in the light most favorable to the People and all questions as to the quality or weight of the evidence should be deferred (see, People v Vasquez, 142 A.D.2d 698)....

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