PEOPLE v. FULTON (2006)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Jovan FULTON, Defendant-Appellant.

Decided: February 03, 2006

PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND GREEN, JJ.

Frank H. HiscockLegal Aid Society, Syracuse (Robert P. Rickert of Counsel), for Defendant-Appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Plaintiff-Respondent.

Defendant appeals from a judgment convicting him following a jury trial of criminal trespass in the second degree (Penal Law § 140.15). Defendant failed to renew his motion to dismiss based on the asserted legal insufficiency of the evidence at the close of his own evidence “and thus waived his present contention that the evidence ․ is legally insufficient to support his conviction” (People v. Ivy, 23 A.D.3d 1036, 1036, 803 N.Y.S.2d 458; see People v. Hines, 97 N.Y.2d 56, 61, 736 N.Y.S.2d 643, 762 N.E.2d 329, rearg. denied 97 N.Y.2d 678, 738 N.Y.S.2d 292, 764 N.E.2d 396; see also People v. Payne, 3 N.Y.3d 266, 273, 786 N.Y.S.2d 116, 819 N.E.2d 634, rearg. denied 3 N.Y.3d 767, 788 N.Y.S.2d 670, 821 N.E.2d 975).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law