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1
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OPINION
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EXTRACTED KEY WORDS
MEMORANDUM RESPONDENT DEFENDANT CONTENDS PROSECUTION LAW DISMISS NY2D JUDGE LEGALLY SUFFICIENT EVIDENCE RECKLESS EVINCING DEPRAVED INDIFFERENCE HUMAN LIFE PENAL LAW INDICTMENT MATTER GENERAL MOTION INSUFFICIENT REVIEW GRAY BYNUM MERIT CHIEF JUDGE KAYE JUDGES SMITH LEVINE CIPARICK WESLEY ROSENBLATT CONCUR |
2 No. 117
The People &c.,
Respondent,
v.
Martin Finger,
Appellant.
_________________________________________________________________
2000 NY Int. 93
October 12, 2000
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Kristina Schwarz, for appellant.
Jonathan J. Silbermann, for respondent.
_________________________________________________________________
_________________________________________________________________
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 NY2d 10, 19-21;
People v Bynum, , 70 NY2d 858, 859). Defendant's remaining
contention is without merit.
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith,
Levine, Ciparick, Wesley and Rosenblatt concur.
Decided October 12, 2000
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