§Why CasetextPricing

The People, Respondent,v.Lionel McCray, Appellant.

Brief

32 Cited authorities

  1. People v. Hawkins

    2008 N.Y. Slip Op. 9254 (N.Y. 2008)   Cited 1,877 times   1 Legal Analyses
    Holding that to preserve for appellate review a challenge to the legal sufficiency of evidence to support a conviction, a defendant must move for a trial order of dismissal, and the argument must be "specifically directed" at the error being argued

  2. People v. Gray

    86 N.Y.2d 10 (N.Y. 1995)   Cited 3,231 times   5 Legal Analyses
    Holding that the issue of evidentiary sufficiency must be preserved for appellate review

  3. People v. Laureano

    87 N.Y.2d 640 (N.Y. 1996)   Cited 345 times   1 Legal Analyses
    Construing N.Y. Penal Law § 70.25

  4. People v. McKnight

    16 N.Y.3d 43 (N.Y. 2010)   Cited 78 times
    In People v McKnight (16 NY3d 43 [2010]), we applied the Laureano framework to assess the legality of consecutive sentencing in the context of an attempted crime.

  5. People v. Day

    73 N.Y.2d 208 (N.Y. 1989)   Cited 143 times

    Argued January 4, 1989 Decided February 23, 1989 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Sheldon Levy, J. Amy Donner and Philip L. Weinstein for appellant. Robert M. Morgenthau, District Attorney (Donald J. Siewert and Mark Dwyer of counsel), for respondent. BELLACOSA, J. After a jury trial and conviction, the Trial Justice sentenced defendant on four counts of criminal possession of a forged instrument and of stolen property to four concurrent terms

  6. People v. Cona

    49 N.Y.2d 26 (N.Y. 1979)   Cited 181 times   1 Legal Analyses
    In People v Cona (49 NY2d 26, 37), the Court stated, "[t]his is not a crippling requirement and serves to assure the reliability of evidence furnished by a witness who must be perceived as possibly laboring under considerable inducements to favor the prosecution."

  7. People v. Norman

    85 N.Y.2d 609 (N.Y. 1995)   Cited 101 times
    Concluding that under New York C.P.L. § 470.05, review of a claim that an essential element of the crime had not been proved was unpreserved because it was not raised in defendant's motion to dismiss

  8. People v. Battles

    16 N.Y.3d 54 (N.Y. 2010)   Cited 60 times   1 Legal Analyses
    In Battles, the New York Court of Appeals, like the Second Circuit in Portalatin, upheld the constitutionality of the PFO statute. 16 N.Y.3d at 59.

  9. People v. Frazier

    2010 N.Y. Slip Op. 9159 (N.Y. 2010)   Cited 44 times

    No. 215. Argued November 15, 2010. Decided December 14, 2010. CROSS APPEALS, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 13, 2009. The Appellate Division modified, on the law, a judgment of the Supreme Court, New York County (Rena K. Uviller, J., at competency hearing; Charles J. Tejada, J., at jury trial and sentencing), which had convicted defendant, upon a jury verdict

  10. People v. Robinson

    36 N.Y.2d 224 (N.Y. 1975)   Cited 131 times
    Holding that defendant's "failure to object to the [jury] charge . . . or to request further clarifications at a time when the error complained of could readily have been corrected preserved no questions of law reviewable" by the higher court