PEOPLE v. HAWKINS


99 N.Y.2d 592 (2003)

787 N.E.2d 1156

757 N.Y.S.2d 810

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE HAWKINS, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 2003.


Attorney(s) appearing for the Case

Mitch Kessler, Cohoes, for appellant.

Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

A jury found defendant guilty of assault in the second degree. At sentencing, pursuant to CPL 330.30 (1), County Court reconsidered defendant's CPL 290.10 motion for a trial order of dismissal. Instead of assessing the legal sufficiency of the trial evidence in support of the verdict, County Court set aside the conviction and entered a judgment for the lesser...

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