Finding that the plain language of the statute authorizing a trial order of dismissal "manifests the Legislature's intention only to grant the court the power to rule on insufficiency, not the power to terminate the proceedings by default"
2010 N.Y. Slip Op. 2435 (N.Y. 2010) Cited 145 times
Finding defendant's claim that the evidence was legally insufficient to prove that he acted with the requisite mens rea to be unpreserved because he failed to argue it with particularity in his motion at trial
In People v. Fuller, 57 N.Y.2d 152, 455 N.Y.S.2d 253 (1982), the New York Court of Appeals applied a narrow exception to the preservation doctrine in a case where the trial court exceeded its statutory authority, thereby levying an unlawful sentence. Id. at 156-59, 455 N.Y.S.2d at 255-56; accord, e.g., People v. Samms, 95 N.Y.2d 52, 55-56, 710 N.Y.S.2d 310, 312-313 (2000) (failure to object at the time of sentencing did not render the challenge unpreserved, because the sentence was imposed in violation of a statutory mandate and therefore was unauthorized).
In Matter of Schumer v Holtzman (60 N.Y.2d 46, 55), a case involving removal, we held that generally a public prosecutor should not be removed unless necessary to protect a defendant from "actual prejudice arising from a demonstrated conflict of interest or a substantial risk of an abuse of confidence" (id.; see also, People v Herr, 86 N.Y.2d 638; People v Jackson, supra).
In Matter of Dondi v Jones (40 N.Y.2d 8, 13, supra), we recognized that prohibition would be an appropriate remedy if it were found that a Special Prosecutor was exceeding the authority conferred upon him through Executive Order by prosecuting a particular criminal defendant under an existing indictment.
Finding no "manifest necessity" where mistrial declared due to the absence of the defendant's attorney because of a death in the family and the court's belief that the trial had to terminate by the end of the week because the court and several jury members had vacation plans