Does a motion to dismiss for insufficient evidence need to be specifically directed at the alleged error?
"New York", United States of America
The following excerpt is from People v. Sippel, 109 N.Y.S.3d 619, 65 Misc.3d 862 (N.Y. City Ct. 2019):
5 People v. Gray , 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919 (1995). In fact, "even where a motion to dismiss for insufficient evidence was made, the preservation requirement compels that the argument be specifically directed at the alleged error." Id. at 19, 629 N.Y.S.2d 173, 652 N.E.2d 919.
6 People v. Gray , 86 N.Y.2d 10, 20-21, 629 N.Y.S.2d 173, 652 N.E.2d 919 (1995). See People v. Benton , 78 A.D.3d 1545, 1546, 910 N.Y.S.2d 795 (4th Dept. 2010).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a motion to dismiss for insufficient evidence need to be specificly directed at the alleged error of a judge's error? ("New York", United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
What is the test for a motion to dismiss a motion alleging that a federal district court has made a series of errors in the course of a trial? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a motion alleging that petitioner is unlawfully detained as a pretrial detainee? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Can a motion to dismiss an indictment be dismissed on a motion of dismissal? (MultiRegion, United States of America)
Is there any case law where a judge has found an error on a motion to dismiss a motion for wrongful dismissal? (MultiRegion, United States of America)
Can a motion to dismiss be dismissed on the grounds that a pro se party made factual allegations in his papers opposing the motion? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
