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ALTHOUGH THE JUDGE IN THIS BENCH TRIAL DID NOT EXPLICITLY RULE ON DEFENDANT’S MOTION FOR A TRIAL ORDER OF DISMISSAL, THE MAJORITY DETERMINED THE DENIAL OF THE MOTION WAS IMPLICIT IN THE VERDICT AND THEREFORE THE LEGAL INSUFFICIENCY ARGUMENT COULD BE CONSIDERED ON APPEAL; THE DISSENT DISAGREED (FOURTH DEPT).

The Fourth Department, over a dissent, determined the judge in this bench trial implicitly ruled on defendant’s motion for a trial order of dismissal when rendering the verdict. The dissent argued an explicit ruling on the motion was a necessary prerequisite to an appeal:

From the dissent:

… [D]uring the nonjury trial, the court expressly reserved decision on defendant’s motion for a trial order of dismissal. Although the Criminal Procedure Law requires a court to determine a motion on which it has reserved decision (see CPL 290.10 [1]; 320.20 [4]), the court here never again addressed that motion by name on the record. Rather, in rendering its verdict, the court stated merely that, “based upon the credible trial evidence, this [c]ourt finds the defendant guilty of . . . attempted assault in the second degree [because] there was legally sufficient proof that the defendant intended to cause the victim serious physical injury based upon his conduct, and [in] consideration of all the surrounding circumstances.”

In reaching the merits of defendant’s legal sufficiency contention, the majority tacitly concludes that the court implicitly denied defendant’s motion when it rendered its guilty verdict, likely due to the court’s reference to the “legally sufficient proof” supporting its finding of guilt. I respectfully disagree with this approach … . People v Dubois, 2021 NY Slip Op 07364, Third Dept 12-23-21

 

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