People v. Mooney

Appellate Division of the Supreme Court of New York

People v. Mooney

117 A.D.3d 1470, 984 N.Y.S.2d 906

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 2, 2014

StatusPublished

This text of 117 A.D.3d 1470 (People v. Mooney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Mooney, 117 A.D.3d 1470, 984 N.Y.S.2d 906 (N.Y. Ct. App. 2014).

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Opinion

Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered June 18, 2009. The judgment convicted defendant, upon a jury verdict, of robbery in the second degree (two counts) and assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting her fol[1471]*1471lowing a jury trial of assault in the second degree (Penal Law § 120.05 [6]) and two counts of robbery in the second degree (§ 160.10 [1], [2] [a]), defendant contends that the evidence of physical injury is legally insufficient to support her conviction. Because defendant’s motion for a trial order of dismissal was not “ ‘specifically directed’ at th[at] alleged error,” defendant failed to preserve her contention for our review (People v Gray, 86 NY2d 10, 19 [1995]). Contrary to defendant’s further contention, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]; People v Robinson, 104 AD3d 1312, 1312 [2013], lv denied 21 NY3d 1008 [2013]).

Present — Smith, J.P., Fahey, Peradotto, Sconiers and Valentino, JJ.

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Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered June 18, 2009. The judgment convicted defendant, upon a jury verdict, of robbery in the second degree (two counts) and assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting her fol[1471]*1471lowing a jury trial of assault in the second degree (Penal Law § 120.05 [6]) and two counts of robbery in the second degree (§ 160.10 [1], [2] [a]), defendant contends that the evidence of physical injury is legally insufficient to support her conviction. Because defendant’s motion for a trial order of dismissal was not “ ‘specifically directed’ at th[at] alleged error,” defendant failed to preserve her contention for our review (People v Gray, 86 NY2d 10, 19 [1995]). Contrary to defendant’s further contention, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]; People v Robinson, 104 AD3d 1312, 1312 [2013], lv denied 21 NY3d 1008 [2013]).

Present — Smith, J.P., Fahey, Peradotto, Sconiers and Valentino, JJ.

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Bluebook (online)

117 A.D.3d 1470, 984 N.Y.S.2d 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mooney-nyappdiv-2014.

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