Appellate Division, Fourth Department
Sufficiency of the Evidence
Preservation of Error
People v. Jones
Appealed from Supreme Court, Onondaga County
Background: The defendant was convicted after jury trial of felony drug sale and possession. On appeal he argued that the evidence was legally insufficient.
Ruling: The conviction was affirmed. The defendant failed to move for a trial order of dismissal on the ground that the evidence about his mental culpability and intent was legally insufficient. The issue was unpreserved to be raised on appeal.
Philip Rothschild for defendant; Sarah M. Kelly and James P. Maxwell for Onondaga County District Attorney’s Office