PEOPLE v. LANE


7 N.Y.3d 888 (2006)

860 N.E.2d 61

826 N.Y.S.2d 599

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY LANE, Appellant.

Court of Appeals of New York.

Decided November 21, 2006.


Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Richard M. Greenberg of counsel), and Sullivan & Worcester LLP (Mary Cecilia Sweeney of counsel) for appellant.

Robert M. Morgenthau, District Attorney, New York City (Tracy L. Conn and Susan Gliner of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ, SMITH and PIGOTT concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant failed to preserve his challenge to the sufficiency of the evidence supporting the conviction. At the close of the People's case, defendant moved to dismiss on the ground that the evidence did not establish a prima facie case of grand larceny in the fourth degree. The trial court promptly denied that motion. After defendant presented his own evidence...

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