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PEOPLE v. KOLUPA

13 N.Y.3d 786 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHANNON M. KOLUPA, Appellant.

Court of Appeals of New York.

Decided September 22, 2009.

Attorney(s) appearing for the Case

Frank J. Nebush, Jr., Public Defender, Criminal Division, Utica (Esther Cohen Lee of counsel), for appellant.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Judge SMITH concurs in a separate concurring opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant failed to preserve his argument that the People introduced insufficient evidence to corroborate the child victim's testimony. At the close of the People's case, the trial court denied defendant's motion to dismiss and defendant proceeded to present his own evidence. He did not thereafter renew the motion to...

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