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People v. Finger

Court of Appeals of the State of New York
Oct 12, 2000
739 N.E.2d 290 (N.Y. 2000)

Opinion

Argued September 14, 2000

decided October 12, 2000

APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered November 29, 1999, Which affirmed a judgment of the Supreme Court (Joel M. Goldberg, JJ, rendered in Richmond County upon a verdict convicting defendant of reckless endangerment in the first degree and resisting arrest, and also convicting defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the second degree.

The defendant led the police on a car chase at an excessive speed through a residential area, driving the wrong way down one-Way streets, going through stop signs and red lights, hitting another car and endangering the lives of pedestrians. The jury convicted him of reckless endangerment in the first degree and resisting arrest.

The Appellate Division affirmed the judgment of conviction. People v. Finger, 266 A.D.2d 561, affirmed.

Kristina Schwarz, New York City, and M. Sue Wycoff for appellant.

William L. Murphy, District Attorney of Richmond County, Staten Island (Jonathan J. Silbermann and Karen F. McGee of Counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Defendant contends that the prosecution failed to present legally sufficient evidence that his reckless conduct occurred "under circumstances evincing a depraved indifference to human life" (Penal Law § 120.25). Defendant moved to dismiss on the ground "that the prosecution fail[ed] to prove each and every element of both counts of the indictment, beyond a reasonable doubt, as a matter of law." Defendant's general motion to dismiss is insufficient to preserve his argument for our review (see, People v. Gray, 86 N.Y.2d 10, 19-21; People v. Bynum, 70 N.Y.2d 858, 859). Defendants s remaining contention is without merit.

Order affirmed in a memorandum.


Summaries of

People v. Finger

Court of Appeals of the State of New York
Oct 12, 2000
739 N.E.2d 290 (N.Y. 2000)
Case details for

People v. Finger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN FINGER…

Court:Court of Appeals of the State of New York

Date published: Oct 12, 2000

Citations

739 N.E.2d 290 (N.Y. 2000)
739 N.E.2d 290
716 N.Y.S.2d 34

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