People v. Villa

Appellate Division of the Supreme Court of New York

People v. Villa

56 A.D.2d 1242, 868 N.Y.S.2d 441

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

DecidedNovember 14, 2008

StatusPublished

This text of 56 A.D.2d 1242 (People v. Villa) 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. Villa, 56 A.D.2d 1242, 868 N.Y.S.2d 441 (N.Y. Ct. App. 2008).

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Opinion

— Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered March 15, 2006. The judgment convicted defendant, after a nonjury trial, of burglary in the third degree.

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

Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of burglary in the third degree (Penal Law § 140.20). Because defendant’s motion for a trial order of dismissal was not “ ‘specifically directed’ at the alleged error” asserted on appeal, defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (People v Gray, 86 NY2d 10, 19 [1995]). In any event, that contention lacks merit and, contrary to defendant’s further contention, the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).

The contention of defendant that the record fails to establish that his waiver of the right to a jury trial was signed in open court, as required by NY Constitution, article I, § 2 and GPL 320.10 (2), is belied by the record (see People v White, 43 AD3d 1407 [2007], lv denied 9 NY3d 1010 [2007]). We have considered defendant’s remaining contention and conclude that it is without merit. Present — Hurlbutt, J.P., Smith, Green, Pine and Gorski, JJ.

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— Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered March 15, 2006. The judgment convicted defendant, after a nonjury trial, of burglary in the third degree.

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

Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of burglary in the third degree (Penal Law § 140.20). Because defendant’s motion for a trial order of dismissal was not “ ‘specifically directed’ at the alleged error” asserted on appeal, defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (People v Gray, 86 NY2d 10, 19 [1995]). In any event, that contention lacks merit and, contrary to defendant’s further contention, the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).

The contention of defendant that the record fails to establish that his waiver of the right to a jury trial was signed in open court, as required by NY Constitution, article I, § 2 and GPL 320.10 (2), is belied by the record (see People v White, 43 AD3d 1407 [2007], lv denied 9 NY3d 1010 [2007]). We have considered defendant’s remaining contention and conclude that it is without merit. Present — Hurlbutt, J.P., Smith, Green, Pine and Gorski, JJ.

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Bluebook (online)

56 A.D.2d 1242, 868 N.Y.S.2d 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-villa-nyappdiv-2008.

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