Opinion
No. KA 04-02814.
November 17, 2006.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered September 9, 2004. The judgment convicted defendant, upon a jury verdict, of criminal mischief in the second degree.
Before: Present — Scudder, J.P., Martoche, Centra and Pine, 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 upon a jury verdict of criminal mischief in the second degree (Penal Law § 145.10). The general motion to dismiss by defendant did not preserve for our review her contention concerning the alleged legal insufficiency of the evidence ( see People v Gray, 86 NY2d 10, 19). In any event, the evidence is legally sufficient to establish that defendant damaged the vehicle at issue and that the damage to such vehicle exceeded $1,500 ( see generally People v Bleakley, 69 NY2d 490, 495). Also contrary to defendant's contention, the verdict is not against the weight of the evidence ( see generally id.).