No. KA 07-00235.
November 14, 2008.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered March 15, 2006. The judgment convicted defendant, after a nonjury trial, of burglary in the third degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS T. TEXIDO OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (RAYMOND C. HERMAN OF COUNSEL), FOR RESPONDENT.
Before: Hurlbutt, J.P., Smith, Green, Pine and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of burglary in the third degree (Penal Law § 140.20). Because defendant's motion for a trial order of dismissal was not "`specifically directed' at the alleged error" asserted on appeal, defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction ( People v Gray, 86 NY2d 10, 19). In any event, that contention lacks merit and, contrary to defendant's further contention, the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495).
The contention of defendant that the record fails to establish that his waiver of the right to a jury trial was signed in open court, as required by NY Constitution, article I, § 2 and CPL 320.10 (2), is belied by the record ( see People v White, 43 AD3d 1407, lv denied 9 NY3d 1010). We have considered defendant's remaining contention and conclude that it is without merit.