Opinion
2021-07437
12-23-2021
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FRANCIS L. DISTEFANO, DEFENDANT-APPELLANT.
LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA (GARY MULDOON OF COUNSEL), FOR DEFENDANT-APPELLANT. JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.
LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA (GARY MULDOON OF COUNSEL), FOR DEFENDANT-APPELLANT.
JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, AND BANNISTER, JJ.
Appeal from a judgment of the Supreme Court, Ontario County (Craig J. Doran, J.), rendered January 3, 2018. The judgment convicted defendant upon a jury verdict of 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 him upon a jury verdict of assault in the second degree (Penal Law § 120.05 [2]), defendant contends that the evidence of intent to cause physical injury is legally insufficient. Defendant failed to preserve that contention for our review because his motion for a trial order of dismissal was not" 'specifically directed'" at the alleged error (People v Gray, 86 N.Y.2d 10, 19 [1995]). Nevertheless, we necessarily review the evidence adduced as to each of the elements of the crime in the context of our review of defendant's further contention that the verdict is against the weight of the evidence (see People v Singleton, 192 A.D.3d 1536, 1536-1537 [4th Dept 2021]) and, 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 [2007]), we reject that contention (see generally People v Bleakley, 69 N.Y.2d 490, 495 [1987]).