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People v. Villa

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 14, 2008
868 N.Y.S.2d 441 (N.Y. App. Div. 2008)

Opinion

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.


Summaries of

People v. Villa

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 14, 2008
868 N.Y.S.2d 441 (N.Y. App. Div. 2008)
Case details for

People v. Villa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEANDRO N. VILLA,…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 14, 2008

Citations

868 N.Y.S.2d 441 (N.Y. App. Div. 2008)
56 A.D.3d 1242
2008 N.Y. Slip Op. 8941

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