ourt of Appeals C Pertinent Criminal-Related Decisions December 2021 through October 2022

By Timothy P. Murphy, Esq.

December 14, 2021

People v. Lashley

37 NY3d 1140

People v. Pietrocarlo

37 NY3d 1142

P. Murphy,

This is a brief and unanimous memorandum reversing and remitting the matter to the AD. The defendant’s challenge to the People’s CPL 400.21 predicate felony statement did not fall under the narrow illegal sentence exception to the preservation requirement. See, People v. Nieves, 2 NY3d 310, 315-316 (2004); People v. Samms, 95 NY2d 52, 56-58 (2000).

This is a 6 to 1 memorandum affirming the AD, with Judge Wilson dissenting. There was legally sufficient evidence supporting the second degree assault charge under the People’s accessorial liability theory. Viewing the evidence in a light most favorable to the People, there was a valid line of reasoning and permissible inferences that could lead a rational person to conclude every element has been proven beyond a reasonable doubt. People v. Delamota, 18 NY3d 107, 113 (2011). In dissent, Judge Wilson opined there was no evidence specific to the defendant; rather it was equivocal and

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