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PEOPLE v. HINES

97 N.Y.2d 56 (2001)

762 N.E.2d 329

736 N.Y.S.2d 643

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DASHON HINES, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 2001.

Attorney(s) appearing for the Case

Frank H. Hiscock Legal Aid Society, Syracuse (Shirley K. Duffy of counsel), for appellant.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (James P. Maxwell and Victoria M. Anthony of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY and ROSENBLATT concur with Judge GRAFFEO; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

At issue is whether a trial court that denied a motion to dismiss at the close of the People's case-in-chief may review that decision in the context of a post-verdict CPL 330.30 motion after defendant called witnesses and testified on his own behalf. Because we conclude that Supreme Court erred in revisiting its prior denial, we affirm the order of the Appellate Division reinstating...

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