Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

THE PEOPLE, res, v. FREDERICK SIMPSON, def-app

16-060. THE PEOPLE, res, v. FREDERICK SIMPSON, def-app — Judgment of conviction (John Cataldo, J.H.O.) rendered September 8, 2015, affirmed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

16-060. THE PEOPLE, res, v. FREDERICK SIMPSON, def-app — Judgment of conviction (John Cataldo, J.H.O.) rendered September 8, 2015, affirmed.

Defendant’s present challenge to the legal sufficiency of the evidence supporting his conviction of public consumption of alcohol (see Administrative Code of City of NY §10 125) is unpreserved for appellate review, inasmuch as he failed to move for a trial order of dismissal based on the alleged insufficiency of the evidence (see People v. Gray, 86 NY2d 10, 19 [1995]), and we decline to review it in the interest of justice. As an alternative holding, we reject defendant’s sufficiency claim on the merits. The credited police testimony established that defendant was observed inside a motor vehicle, which was stopped at the corner of West 145th Street and Lenox Avenue, with an open can of Budweiser beer. The interior of any stationary motor vehicle on the street constitutes a “public place” as that term is defined in the Code provision at issue (see Administrative Code of City of NY §10 125[a][2]). Nor was the verdict against the weight of the evidence (see People v. Danielson, 9 NY3d 342 [2007]).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Litigation Associate

Company DescriptionCruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP is a national law firm, seeking an associate for its Bergen Co...


Apply Now ›
GENERAL MAGISTRATE - FLORIDA

11TH Judicial Circuit of Florida is accepting applications for a General Magistrate. Under the direction of the Administrative General Magis...


Apply Now ›
Associate

DURKIN & DURKIN, LLC a well-established firm is actively seeking an associate with experience in defense litigation. Very competitive sa...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements