| People v Carter |
| 2007 NY Slip Op 10026 [46 AD3d 376] |
| December 20, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Lewton Carter, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Paula-Rose Stark of counsel), forrespondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, J.), rendered April 20, 2006,convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as asecond felony offender, to a term of 3 to 6 years, unanimously affirmed.
In order to preserve for our review the issue of whether a conviction is supported by legallysufficient evidence, defendant's dismissal motion must be " 'specifically directed' " at the allegedinsufficiency now raised on appeal (People v Jean-Baptiste, 38 AD3d 418, 420 [2007], lvdenied 9 NY3d 877 [2007], quoting People v Gray, 86 NY2d 10, 19 [1995]). In thiscase, as defendant concedes, defense counsel's motion to dismiss was a general one, in which heasserted that "the People have failed to [make out] a prima facie case on any of the counts." As aresult, defendant's claim that his conviction is not supported by legally sufficient evidence is notpreserved for our review, and we decline to review it in the interest of justice. We also rejectdefendant's argument that his conviction was against the weight of the evidence as we arepresented with no basis for disturbing the jury's determinations concerning the credibility of thebuilding security supervisor's testimony (see People v Bleakley, 69 NY2d 490, 495[1987]; People v Stapkowitz, 40AD3d 435 [2007], lv denied 9 NY3d 882 [2007]). Finally, we are unpersuaded bydefendant's contention that his sentence is harsh and excessive, and are satisfied that the trialcourt considered all of the relevant circumstances, including defendant's purported drug addictionand his lengthy criminal history (seePeople v Butler, 16 AD3d 915 [2005], lv denied 5 NY3d 786 [2005]).Concur—Lippman, P.J., Tom, Nardelli, Gonzalez and Kavanagh, JJ.