| People v Moore |
| 2017 NY Slip Op 01113 [147 AD3d 1548] |
| February 10, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v ArtamionJ. Moore, Appellant. |
Charles T. Noce, Conflict Defender, Rochester (Kimberly J. Czapranski of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Daniel Gross of counsel), for respondent.
Appeal from a judgment of the Monroe County Court (John L. DeMarco, J.), renderedDecember 14, 2011. The judgment convicted defendant, upon a jury verdict, of murder in thesecond degree, criminal possession of a weapon in the second degree (two counts) and criminalpossession of a weapon in the third degree.
It is hereby ordered that the case is held, the decision is reserved, and the matter is remitted toMonroe County Court for further proceedings in accordance with the following memorandum:Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, murder inthe second degree (Penal Law § 125.25 [1]). Viewing the evidence in light of theelements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we concludethat the verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d490, 495 [1987]).
At the close of the People's case, defendant moved for a trial order of dismissal, and CountyCourt denied that motion with respect to the charge of murder in the second degree and reserveddecision with respect to the remaining charges. The matter was submitted to the jury, whichissued a verdict convicting defendant of the charges. The court never ruled on the remainder ofthe motion. On appeal, defendant contends that the evidence is not legally sufficient to supportthe charges and thus that the court erred in denying his motion. We do "not address thatcontention because, in accordance with People v Concepcion (17 NY3d 192, 197-198 [2011]) andPeople v LaFontaine (92 NY2d 470, 474 [1998], rearg denied 93 NY2d 849[1999]), 'we cannot deem the court's failure to rule on the . . . motion as a denialthereof' " (People v White,134 AD3d 1414, 1415 [2015]; seePeople v Spratley, 96 AD3d 1420, 1421 [2012]). We therefore hold the case, reservedecision, and remit the matter to County Court for a ruling on the remainder of the motion.Present—Smith, J.P., DeJoseph, Curran and Scudder, JJ.