James D. Thomas, Jr., aka Wayne Thomas v. New York
.Should this court vacate the conviction where the petitioner failed to preserve the issue and the trial court denied defendant's Motion to set aside the verdict as legally insufficient and a CPL 330.30 Motion to set aside the verdict as legally insufficient?
2. Where the guilty verdict was against the weight of the evidence, even giving appropriate deference to the trier of fact, must the conviction be vacated?
3. Where the prosecutor's comments at the summation were inflammatory and prejudicial to defendant, should this court find that the prosecutorial misconduct rose to such a level as to deny the defendant a fair trial?
4. Must defendant's conviction be reversed because the trial court's erroneous evidentiary ruling prevented James Thomas from testifying at my own trial and such was not harmless error?
5. Should the defendant's sentence be reduced based upon the mitigating factors in the presentence investigation report?
Whether the People failed to establish beyond a reasonable doubt that Jones Thomas Knowingly Possessed the Cocaine?