Your Honor, at the close of the Prosecution’s evidence, I move to dismiss because there was a failure to establish, prima facie, the elements of the offenses charged.”
Although such an unvarnished motion, made before or even after verdict, will perhaps allow for reviewability of evidentiary insufficiency claims on a federal appeal from any resulting judgment of conviction, for purposes of reviewability in this state’s appellate courts it is completely worthless, even if timely made. This article surveys the governing principles in these two jurisdictions so as to afford a sensitivity to these concerns which may have eluded the harried trial practitioner.[1]�
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