AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DANIEL QUINONES, Respondent.

After the trial court granted defendant's motion to dismiss the count charging him with criminal possession of a controlled substance in the first degree based on his argument that the prosecution did not prove his knowledge of the weight of the drugs he was convicted of possessing ( People v. Ryan, 82 N.Y.2d 497), the Court of Appeals determined that such an argument must be preserved for review as a matter of law by specific objection or a motion to dismiss at the close of evidence specifically directed to the alleged error ( People v. Gray, 86 N.Y.2d 10, 19-20). Since no such objection or motion was made in this case, we reverse the court's order setting aside the verdict which found defendant guilty of criminal possession of a controlled substance in the first degree ( see, CPL 330.30). We note that any review of defendant's argument in the interest of justice must await a possible future appeal by the defendant after sentencing ( People v. Colon, 65 N.Y.2d 888, 890).

Concur — Milonas, J.P., Ellerin, Wallach, Nardelli and Mazzarelli, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. QUINONES
(Jun 6, 1996)