| People v Smith |
| 2009 NY Slip Op 02103 [60 AD3d 1367] |
| March 20, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Job Z. Smith,Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Elizabeth Clifford of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered June 22,2005. The judgment convicted defendant, upon a jury verdict, of rape in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, ofrape in the second degree (Penal Law § 130.30 [2]). Defendant failed to preserve for ourreview his contention that the evidence is legally insufficient to support the conviction inasmuchas his motion for a trial order of dismissal was not" 'specifically directed' at the alleged error" asserted on appeal (People v Gray, 86 NY2d10, 19 [1995]). Viewing the evidence in light of the elements of the crime as charged to the jury(see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is notagainst the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495[1987]). Contrary to defendant's contention, the testimony of the victim was not incredible as amatter of law (see People v Ptak, 37 AD3d 1081 [2007], lv denied 8 NY3d 949[2007]). Finally, the sentence is not unduly harsh or severe. Present—Hurlbutt, J.P.,Smith, Fahey, Green and Pine, JJ.