| People v DeLee |
| 2010 NY Slip Op 09668 [79 AD3d 1664] |
| December 30, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v MauriceDeLee, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Brenton P. Dadey of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.),rendered January 25, 2007. The judgment convicted defendant, upon a jury verdict, of burglary inthe first degree, attempted robbery in the second degree and assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him following a jury trial of variouscrimes arising out of a home invasion robbery, defendant contends that the conviction is notsupported by legally sufficient evidence and that the verdict is against the weight of the evidence.Defendant failed to preserve for our review his contention with respect to the allegedinsufficiency of the evidence because he failed to renew his motion for a trial order of dismissalafter presenting evidence (see People v Hines, 97 NY2d 56, 61 [2001], rearg denied97 NY2d 678 [2001]). Viewing the evidence in light of the elements of the crimes as chargedto the jury (see People v Danielson,9 NY3d 342, 349 [2007]), we further conclude that the verdict is not against the weight ofthe evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Defendantfailed to preserve for our review his contention that he was denied a fair trial by prosecutorialmisconduct (see CPL 470.05 [2]; see generally People v Romero, 7 NY3d 911, 912 [2006]), and wedecline to exercise our power to address that contention as a matter of discretion in the interest ofjustice (see CPL 470.15 [6] [a]). We have considered defendant's remaining contentionsand conclude that they are without merit. Present—Scudder, P.J., Martoche, Green, Pineand Gorski, JJ.