Is there any case law where a defendant's claim that his conviction for sexual assault is based on insufficient evidence is unavailing?
"New York", United States of America
The following excerpt is from People v. Gray, 629 N.Y.S.2d 173, 652 N.E.2d 919, 86 N.Y.2d 10 (N.Y. 1995):
Defendants' claim that the convictions here, since they are based on insufficient evidence, represent a violation of the proper "mode of proceedings," is also unavailing. This language, derived from our decision in People v. Patterson, 39 N.Y.2d 288, 295, 383 N.Y.S.2d 573, 347 N.E.2d 898, affd. 432 U.S. 197, 97 S.Ct. 2319, 53 L.Ed.2d 281, provides an exception to traditional preservation rules in constricted circumstances:
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