| People v Alvarez |
| 2011 NY Slip Op 07231 [88 AD3d 807] |
| October 11, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v AbnerAlvarez, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss and AndrewR. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.),rendered December 16, 2008, convicting him of murder in the second degree and criminalpossession of a weapon in the second degree (two counts), upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was not legally sufficient to support hisconvictions is unpreserved for appellate review, as defense counsel merely made a generalmotion for a trial order of dismissal at the close of the People's case (see CPL 470.05 [2];People v Hawkins, 11 NY3d484, 491-492 [2008]; People vDevers, 82 AD3d 1261 [2011]). In any event, viewing the evidence in the light mostfavorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that theevidence was legally sufficient to prove the defendant's guilt beyond a reasonable doubt.Moreover, upon our independent review of the evidence pursuant to CPL 470.15 (5), we aresatisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]).
The defendant's contention that certain evidence of gang membership was erroneouslyadmitted at trial is unpreserved for appellate review (see CPL 470.05 [2]). In any event,any error in admitting such evidence was harmless, as there was overwhelming evidence of thedefendant's guilt and no significant probability that the alleged error contributed to his conviction(see People v Crimmins, 36 NY2d 230, 241-242 [1975]). Further, the defendant failed toestablish that he was deprived of the effective assistance of counsel (see Strickland vWashington, 466 US 668, 687-694 [1984]; People v Benevento, 91 NY2d 708, 714[1998]). Rivera, J.P., Florio, Austin and Sgroi, JJ., concur.