| People v Bork |
| 2010 NY Slip Op 06824 [77 AD3d 1278] |
| October 1, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Marguerite D.Bork, Appellant. |
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Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), forrespondent.
Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered May 9,2007. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting her, following a jury trial, of murder in thesecond degree (Penal Law § 125.25 [1]), defendant contends that the evidence is legallyinsufficient to support the conviction. Defendant made only a general motion for a trial order ofdismissal at the close of the People's case and thus has failed to preserve her contention for our review(see People v Gray, 86 NY2d 10, 19 [1995]). Defendant also failed to preserve for ourreview her contention concerning the misstatement of County Court in its jury instructions concerning adate in the indictment (see People vGreen, 35 AD3d 1211, 1212 [2006], lv denied 8 NY3d 985 [2007]), as well as hercontention that she was denied a fair trial based on prosecutorial misconduct (see People vClark, 281 AD2d 947, 947-948 [2001], lv denied 96 NY2d 860 [2001]), and wedecline to exercise our power to review those contentions as a matter of discretion in the interest ofjustice (see CPL 470.15 [6] [a]). We have reviewed defendant's remaining contentions andconclude that they are without merit. Present—Scudder, P.J., Martoche, Peradotto, Green andGorski, JJ.