People v. Kolupa

N.Y.

Court: New York Court of Appeals

Citations: 13 N.Y.3d 786, 887 N.Y.S.2d 536, 916 N.E.2d 430

Decision Date: 9/22/2009

Jurisdiction: NY

Bluebook Citation: People v. Kolupa, 13 N.Y.3d 786, 887 N.Y.S.2d 536, 916 N.E.2d 430 (2009)

More Cases: N.Y. decisions from 2009

The People of the State of New York, Respondent, v Shannon M. Kolupa, Appellant.

Attorneys

APPEARANCES OF COUNSEL
Frank J. Nebush, Jr., Public Defender, Criminal Division, Utica {Esther Cohen Lee of counsel), for appellant.
Scott D. McNamara, District Attorney, Utica {Steven G. Cox of counsel), for respondent.

majority Memorandum.

The order of the Appellate Division should be affirmed.

Defendant failed to preserve his argument that the People introduced insufficient evidence to corroborate the child victim’s testimony. At the close of the People’s case, the trial court denied defendant’s motion to dismiss and defendant proceeded to present his own evidence. He did not thereafter renew the motion to dismiss at the close of his proof or specifically argue that there was not sufficient corroboration of the victim’s statements. As a result, this issue is not reviewable (see e.g. People v Lane, 7 NY3d 888, 889 [2006]; People v Payne, 3 NY3d 266, 273 [2004]; People v Hines, 97 NY2d 56, 61-62 [2001]). Defendant’s remaining contention is without merit.

Chat with this case using AI

Ask CiteLaw's AI Navigator anything about this case, check whether it is still good law, and see every case that cites it. Sign up for CiteLaw free today to get started.