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PEOPLE v. RILEY

No. 190.

20 N.Y.3d 980 (2012)

2012 NY Slip Op 8668

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. Louis RILEY, Respondent-Appellant.

Court of Appeals of New York.

Decided December 18, 2012.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Andrew E. Seewald of counsel), for appellant-respondent.

Robert S. Dean , Center for Appellate Litigation, New York City ( Bruce D. Austern of counsel), for respondent-appellant.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and READ.

OPINION OF THE COURT

Motion for reargument granted and, upon reargument, the decision of June 28, 2012 adhered to (see 19 N.Y.3d 944 [2012]). CPL 470.15 (4) (a) and (b) do not eliminate the necessity of preservation in the trial court to challenge legal sufficiency of the evidence on appeal (People v Gray, 86 N.Y.2d 10, 20 [1995]). Moreover, contrary to the contention the People...

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