PEOPLE v. SCHREIER

2009-0418.

29 Misc.3d 1191 (2010)

909 N.Y.S.2d 885

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DAVID SCHREIER, Defendant.

County Court, Monroe County.

Decided October 13, 2010.


Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria, LLP, Buffalo ( Daniel M. Killelea of counsel), for defendant.

Michael C. Green , District Attorney, Rochester ( James Egan of counsel), for plaintiff.


OPINION OF THE COURT

JOHN L. DeMARCO, J.

Defendant has moved under CPL 290.10 for a trial order of dismissal, contending that the People failed to make a prima facie case at trial, i.e., that they failed to present legally sufficient evidence to support the charge of unlawful surveillance in the second degree (Penal Law § 250.45 [1]) or any lesser included offense(s).

In deciding this motion, the court must view the evidence presented in the...

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