STATE v. PERKINS

No. 17099.

856 A.2d 917 (2004)

271 Conn. 218

STATE of Connecticut v. Benjamin J. PERKINS.

Supreme Court of Connecticut.

Officially released September 28, 2004.


Attorney(s) appearing for the Case

David T. Grudberg, with whom was Ira B. Grudberg, New Haven, for the appellant (defendant).

Timothy J. Sugrue, Senior Assistant State's Attorney, with whom, on the brief, were David I. Cohen, State's Attorney, and Richard Colangelo, Jr., Senior Assistant State's Attorney, for the appellee (state).

BORDEN, NORCOTT, KATZ, PALMER and VERTEFEUILLE, Js.


Opinion

BORDEN, J.

The so-called "waiver rule" provides that, "when a motion for [a judgment of] acquittal at the close of the state's case is denied, a defendant may not secure appellate review of the trial court's ruling without [forgoing] the right to put on evidence in his or her own behalf. The defendant's sole remedy is to remain silent and, if convicted, to seek reversal of the conviction because of insufficiency of the state's evidence. If...

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