Opinion
02-03-2017
The PEOPLE of the State of New York, Respondent, v. Crandale FITZPATRICK, Defendant–Appellant.
The Glennon Law Firm, P.C., Rochester (Peter J. Glennon of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.
The Glennon Law Firm, P.C., Rochester (Peter J. Glennon of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3] ). Defendant's contention that the evidence is legally insufficient to support the conviction is not preserved for our review inasmuch as he failed to move for a trial order of dismissal on that ground (see People v. Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919 ). Viewing the evidence in light of the elements of the crime as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we reject defendant's further contention that the verdict is contrary to the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). Finally, the sentence is neither unduly harsh nor severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., DeJOSEPH, NEMOYER, TROUTMAN, and SCUDDER, JJ., concur.