Opinion
2014-05-2
The PEOPLE of the State of New York, Respondent, v. Margaret MOONEY, Defendant–Appellant.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered June 18, 2009. The judgment convicted defendant, upon a jury verdict, of robbery in the second degree (two counts) and assault in the second degree. Jason J. Bowman, Ontario, for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered June 18, 2009. The judgment convicted defendant, upon a jury verdict, of robbery in the second degree (two counts) and assault in the second degree.
Jason J. Bowman, Ontario, for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
MEMORANDUM:
On appeal from a judgment convicting her following a jury trial of assault in the second degree (Penal Law § 120.05[6] ) and two counts of robbery in the second degree (§ 160.10[1], [2][a] ), defendant contends that the evidence of physical injury is legally insufficient to support her conviction. Because defendant's motion for a trial order of dismissal was not “ ‘specifically directed’ at th[at] alleged error,” defendant failed to preserve her contention for our review ( People v. Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919). Contrary to defendant's further contention, viewing the evidence in light of the elements of the crimes 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 conclude that the verdict is not against the weight of the evidence ( see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672;People v. Robinson, 104 A.D.3d 1312, 1312, 961 N.Y.S.2d 699,lv. denied21 N.Y.3d 1008, 971 N.Y.S.2d 260, 993 N.E.2d 1283).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SMITH, J.P., FAHEY, PERADOTTO, SCONIERS, and VALENTINO, JJ., concur.