Submitted by Susan Epstein, for Appellant.
Submitted by Robert L. Moore, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
The issue presented on appeal is whether a defendant's general motion to dismiss for insufficiency after the People have rested in a bench trial raises a question of law. This Court has held that a specific objection is required to preserve sufficiency of the evidence claims for appellate review in jury trials (People v Gray, 86 NY2d 10; see, People v Bynum, 70 NY2d 858). There is no material difference between jury and non-jury trials in this respect and no practical reason why the Gray-Bynum rule should not apply to both bench and jury trials. To the extent our holding conflicts with People v Nixon (248 NY 182), that decision is overruled.
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On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.