New York Court of Appeals, 1995

People v. Santos

New York Court of Appeals · Decided October 31, 1995 · Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick Concur

658 N.E.2d 1041; 86 N.Y.2d 869; 635 N.Y.S.2d 168; 1995 N.Y. LEXIS 3567 (North Eastern Reporter, Second Series)

Cases that cite this one

47 later published cases cite this decision. The 24 that cite it most often are listed here.

Papineau v. Parmley (2d Cir. 2006)
People v. Payne (N.Y. 2004)
People v. Sanchez (County Court of New York, Putnam County 2024)
People v. Sanchez (County Court of New York, Putnam County 2024)
Alcantara v. Bell (District Court, E.D. New York 2022)
People v. Laino (Appellate Division of the Supreme Court of New York 2017)
People v. Carty (Nicole) (Appellate Terms of the Supreme Court of New York 2016)
People v. Carty (Appellate Terms of the Supreme Court of New York 2016)
People v. Barnett (Appellate Division of the Supreme Court of New York 2015)
People v. Gucciardo (Appellate Division of the Supreme Court of New York 2015)
People v. Santiago (Appellate Division of the Supreme Court of New York 2014)
People v. Santiago (Appellate Division of the Supreme Court of New York 2014)
People v. Hopkins (Appellate Division of the Supreme Court of New York 2010)
People v. Coleman (Appellate Terms of the Supreme Court of New York 2010)
People v. Mooney (Appellate Division of the Supreme Court of New York 2009)
People v. Pulliam (Appellate Division of the Supreme Court of New York 2009)
People v. Cortes (Appellate Division of the Supreme Court of New York 2007)
In re Troy F. (Appellate Division of the Supreme Court of New York 2007)
People v. Charles (Appellate Division of the Supreme Court of New York 2006)
People v. Eley (Appellate Division of the Supreme Court of New York 2006)
People v. Barrett (Criminal Court of the City of New York 2006)
People v. Benjamin (Appellate Division of the Supreme Court of New York 2005)
People v. Leon (Appellate Division of the Supreme Court of New York 2005)
People v. Collado (Appellate Terms of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue presented on appeal is whether a defendant’s general motion to dismiss for insufficiency after the People have rested in a Bench trial raises a question of law. This Court has held that a specific objection is required to preserve sufficiency of the evidence claims for appellate review in jury trials (People v Gray, 86 NY2d 10; see, People v Bynum, 70 NY2d 858). There is no material difference between jury and nonjury trials in this respect and no practical reason why the Gray-Bynum rule should not apply to both Bench and jury *871 trials. To the extent our holding conflicts with People v Nixon (248 NY 182), that decision is overruled.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.