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MOORE, ARTAMION J., PEOPLE v

Citation: Not availableDocket: KA 11-02605

Court: Appellate Division of the Supreme Court of the State of New York; February 9, 2017; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Artamion J. Moore was convicted by a jury in Monroe County Court of second-degree murder, two counts of criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree. The appeal concerns the sufficiency of evidence supporting these charges and the trial court's handling of a motion for dismissal made by the defendant at the close of the prosecution's case. The appellate court, while reviewing the evidence, concluded that the verdict was not against the weight of the evidence. However, it noted that the trial court did not issue a ruling on the dismissal motion concerning charges other than second-degree murder. Citing precedents, the appellate court determined it could not treat the lack of a ruling as a denial of the motion. Consequently, the case is held, decision is reserved, and the matter is remitted to Monroe County Court for a ruling on the outstanding portion of the motion.

Legal Issues Addressed

Appellate Review of Unruled Motions

Application: The appellate court cannot assume the trial court's lack of a ruling on a dismissal motion equates to a denial, necessitating a remittal for proper adjudication.

Reasoning: Citing precedents, the appellate court determined it could not treat the lack of a ruling as a denial of the motion.

Handling of Motion for Dismissal

Application: The trial court failed to issue a ruling on the motion for dismissal concerning charges other than second-degree murder, which the appellate court found procedurally improper.

Reasoning: However, it noted that the trial court did not issue a ruling on the dismissal motion concerning charges other than second-degree murder.

Remittal for Judicial Determination

Application: The case is remitted to the trial court for a ruling on the unresolved portion of the motion for dismissal.

Reasoning: Consequently, the case is held, decision is reserved, and the matter is remitted to Monroe County Court for a ruling on the outstanding portion of the motion.

Sufficiency of Evidence

Application: The appellate court reviewed the evidence and determined that the jury's verdict was not against the weight of the evidence.

Reasoning: The appellate court, while reviewing the evidence, concluded that the verdict was not against the weight of the evidence.