What is the test for a motion to dismiss a sexual assault case?

As noted above, because of the failure to object below, the defendant must show on appeal not only that the evidence was legally insufficient but that it was plain error for the court to fail to dismiss on its own motion. "[T]he error must be so plain [that] the trial judge and prosecutor were derelict in countenancing it, even absent the defendant's timely assistance in detecting it." United States v. Yu-Leung, 51 F.3d 1116, 1121 (2d Cir.1995) (internal quotation omitted). Here, if there was a deficiency it was not extreme. The evidence presented was close to legal sufficiency, even if it fell a trifle short. Any insufficiency was not so plain that the trial judge was derelict in allowing judgment to be entered on the jury's verdict.