SPRAGUE, III, EARL F., PEOPLE v

Appellate Division of the Supreme Court of New York

SPRAGUE, III, EARL F., PEOPLE v

140 A.D.3d 1784, 32 N.Y.S.3d 547

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 17, 2016

DocketKA 14-00190

StatusPublished

Cited by1 cases

This text of 140 A.D.3d 1784 (SPRAGUE, III, EARL F., PEOPLE v) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

SPRAGUE, III, EARL F., PEOPLE v, 140 A.D.3d 1784, 32 N.Y.S.3d 547 (N.Y. Ct. App. 2016).

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Opinion

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered January 22, 2014. The judgment convicted defendant, upon a jury verdict, of sexual abuse in the first degree (28 counts).

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Genesee County Court for further proceedings in accordance with the following memorandum: On appeal from a judgment convicting him of *1785 28 counts of sexual abuse in the first degree (Penal Law § 130.65 [3]), defendant contends, inter alia, that County Court erred in failing to grant his motion for a trial order of dismissal. In accordance with People v Concepcion (17 NY3d 192, 197-198 [2011]) and People v LaFontaine (92 NY2d 470, 474 [1998], rearg denied 93 NY2d 849 [1999]), we do not address that contention inasmuch as “ ‘we cannot deem the court’s failure to rule on the . . . motion as a denial thereof ” (People v White, 134 AD3d 1414, 1415 [2015]). We therefore hold the case, reserve decision, and remit the matter to County Court for a ruling on the motion.

Present — Whalen, P.J., Carni, NeMoyer, Troutman and Scudder, JJ.

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Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered January 22, 2014. The judgment convicted defendant, upon a jury verdict, of sexual abuse in the first degree (28 counts).

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Genesee County Court for further proceedings in accordance with the following memorandum: On appeal from a judgment convicting him of *1785 28 counts of sexual abuse in the first degree (Penal Law § 130.65 [3]), defendant contends, inter alia, that County Court erred in failing to grant his motion for a trial order of dismissal. In accordance with People v Concepcion (17 NY3d 192, 197-198 [2011]) and People v LaFontaine (92 NY2d 470, 474 [1998], rearg denied 93 NY2d 849 [1999]), we do not address that contention inasmuch as “ ‘we cannot deem the court’s failure to rule on the . . . motion as a denial thereof ” (People v White, 134 AD3d 1414, 1415 [2015]). We therefore hold the case, reserve decision, and remit the matter to County Court for a ruling on the motion.

Present — Whalen, P.J., Carni, NeMoyer, Troutman and Scudder, JJ.

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Bluebook (online)

140 A.D.3d 1784, 32 N.Y.S.3d 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sprague-iii-earl-f-people-v-nyappdiv-2016.

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