Opinion
KA 04-01277.
February 3, 2006.
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered May 27, 2004. The judgment convicted defendant, after a nonjury trial, of perjury in the first degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (PAUL B. CURTIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Kehoe, J.P., Martoche, Smith, Pine and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, after a nonjury trial, of perjury in the first degree (Penal Law § 210.15). Defendant failed to renew her challenge to the alleged legal insufficiency of the evidence after she presented a defense and thus failed to preserve for our review her contention that the conviction is not supported by legally sufficient evidence ( see People v. Hines, 97 NY2d 56, 61, rearg denied 97 NY2d 678; People v. Williams, 17 AD3d 1043, 1045, lv denied 5 NY3d 811). In any event, the evidence is legally sufficient to establish each element of the crime ( see generally People v. Bleakley, 69 NY2d 490, 495), i.e., that defendant intentionally made a false statement that she did not believe to be true ( see Penal Law § 210.00), and that the statement consisted of sworn testimony that was material to the proceeding in which it was made ( see § 210.15). We further conclude that the verdict is not against the weight of the evidence ( see generally Bleakley, 69 NY2d at 495). Finally, the sentence is not unduly harsh or severe.