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PEOPLE v. NOVAS

Ind. No. 1262/18. Appeal No. 15807. Case No. 2021-00760.

204 A.D.3d 613 (2022)

167 N.Y.S.3d 492

2022 NY Slip Op 02877

The People of the State of New York, Appellant, v. Danny Novas, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 28, 2022.

Attorney(s) appearing for the Case

Alvin L. Bragg, Jr. , District Attorney, New York ( Rachel Bond of counsel), for appellant.

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Rosemary Herbert of counsel), and Debevoise & Plimpton LLP, New York ( Chana Y. Zuckier of counsel), for respondent.

Concur—Gische, J.P., Webber, Friedman, Oing, Kennedy, JJ.

Defendant's motion to set aside the verdict on the ground of legally insufficient evidence was procedurally proper, in that the same specific challenge to the evidence was preserved at trial (see People v Hines, 97 N.Y.2d 56, 61-62 [2001]). We conclude however, that the court should have denied the motion. Defendant's conviction of leaving the scene of an incident without reporting was supported by legally sufficient evidence, including...

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