Article 290 Jury Trial - Order of Dismissal

Question 1

CPL 290.10-1
Select the correct answer.
A trial order of dismissal may be issued, on defendant’s motion, on the ground that:
(a) prosecution is barred by the statute of limitations
(b) the trial evidence is legally insufficient to establish the offense charged or any lesser included offense
(c) the trial evidence is legally insufficient to establish the offense charged, although it is legally sufficient to establish a lesser included offense
(d) there is a defect in the proceedings which makes it impossible to give defendant a fair trial.

Answer 1

Answer: (b)
Choice (b) is correct (CPL 290.10-1).

As to choice (c), if the evidence was legally sufficient to establish a lesser included offense that would be a basis for submitting the lesser included offense for the jury’s consideration (CPL 300.50) rather than dismissing the court.