97 N.Y.2d 56 (2001)
A defendant who presents evidence after a court declines to grant a motion to dismiss at the close of the People’s case waives subsequent review of that determination regarding the sufficiency of the evidence presented in the People’s case-in-chief.
Summary
Dashon Hines was convicted of criminal possession of a controlled substance. At trial, Hines moved to dismiss at the close of the prosecution’s case, arguing insufficient evidence. The motion was denied, and Hines then presented a defense. After the verdict, Hines moved to set aside the verdict, arguing the initial denial of his motion to dismiss was erroneous. The trial court agreed, but the Appellate Division reversed, reinstating the conviction. The Court of Appeals affirmed, holding that by presenting a defense after the denial of his motion to dismiss, Hines waived his right to appellate review of the sufficiency of the People’s case-in-chief.
Facts
Hines leased an apartment where police discovered over 14 ounces of cocaine, drug paraphernalia, and $7,900. The discovery occurred after firefighters, responding to a fire in a neighboring apartment, saw cocaine in plain view in Hines’ apartment. The Syracuse Housing Authority employee testified Hines obtained duplicate keys for the apartment four times during his tenancy, including the morning of the day the cocaine was discovered. The prosecution also introduced correspondence addressed to Hines at the apartment and a cable television installation receipt signed by him.
Procedural History
Hines and a co-defendant were jointly tried. At the close of the People’s case, Hines moved to dismiss for insufficient evidence, which the trial court denied. Hines then testified and called witnesses. The jury found Hines guilty of criminal possession of a controlled substance in the first degree. After the verdict, Hines moved to set aside the verdict under CPL 330.30, arguing the denial of his mid-trial motion to dismiss was erroneous. The trial court granted the motion, but the Appellate Division reversed, reinstating the conviction. The Court of Appeals granted leave to appeal.
Issue(s)
Whether a trial court that denied a motion to dismiss at the close of the People’s case-in-chief may review that decision in the context of a post-verdict CPL 330.30 motion after the defendant called witnesses and testified on his own behalf.
Holding
No, because a defendant who presents evidence after the court has declined to grant a motion to dismiss at the close of the People’s case waives subsequent review of that determination.
Court’s Reasoning
The Court of Appeals held that a court adjudicating a CPL 330.30 motion may only consider issues of law that would require reversal or modification of the judgment as a matter of law. An insufficiency argument is waived if the defendant does not rest after the denial of a motion to dismiss at the close of the People’s case. In such a situation, the defendant risks supplying a deficiency in the People’s case through their own evidence. The court reasoned that a reviewing court should consider all evidence the jury considered, including proof presented by the defense. The court emphasized that the defendant did not renew his motion to dismiss at the close of all evidence. The dissent argued that the conviction should not have been reinstated because the People failed to establish defendant’s guilt beyond a reasonable doubt, viewing the evidence in its entirety. The majority countered that the dissent’s argument was unpreserved because the defendant did not move to dismiss at the close of all evidence, and that the dissent erroneously re-evaluated the evidence.