Court of Appeals of New York

Where a defendant has unsuccessfully argued before trial that the facts alleged by the People do not constitute the crime charged, and the court has rejected the argument, defendant need not specifically repeat the argument in a trial motion to dismiss in order to preserve the point for appeal, and here, the argument defendant makes has merit, and requires reversal of his conviction for resisting arrest.

Appellate Information

• Decided 05/13/2014
• Published 05/13/2014

Judges

• SMITH

Court

• Court of Appeals of New York

Counsel