AD4: legal sufficiency issue still not preserved if trial defense counsel fails to renew TOD

People v Adamus, 2006 NY Slip Op 05520 [available here]

Just a reminder: if you are a practicing criminal defense attorney in the Fourth Department, you must renew any motion for a trial order of dismissal at the close of all proof to preserve any legal sufficiency issues for appeal. (See People v Adamus, 2006 NY Slip Op 05520 ["By failing to renew his motion to dismiss the indictment at the close of the proof, defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction"].) Carry on.