New York Court of Appeals, 2000

People v. Finger

People v. Finger
New York Court of Appeals · Decided October 12, 2000 · Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt Concur
739 N.E.2d 290; 95 N.Y.2d 894; 716 N.Y.S.2d 34; 2000 N.Y. LEXIS 2829 (North Eastern Reporter, Second Series)

People v. Finger

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant contends that the prosecution failed to present legally sufficient evidence that his reckless conduct occurred “under circumstances evincing a depraved indifference to human life” (Penal Law § 120.25). Defendant moved to dismiss on the ground “that the prosecution fail[ed] to prove each and every element of both counts of the indictment, beyond a reasonable doubt, as a matter of law.” Defendant’s general motion to dismiss is insufficient to preserve his argument for our review (see, People v Gray, 86 NY2d 10, 19-21; People v Bynum, 70 NY2d 858, 859). Defendant’s remaining contention is without merit.

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.

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