| People v McAllister |
| 2012 NY Slip Op 05837 [98 AD3d 527] |
| August 1, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v OwenQ. McAllister, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer, Steven A. Bender,and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Wetzel, J.), rendered March 15, 2010, convicting him of burglary in the second degree, petitlarceny, and criminal possession of stolen property in the fifth degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's generalized motion to dismiss, made at the conclusion of the People's case,failed to preserve for appellate review his challenge to the legal sufficiency of the evidencesupporting his conviction of burglary in the second degree (see People v Hawkins, 11 NY3d 484, 492 [2008]). In any event,viewing the evidence in the light most favorable to the prosecution (see People v Contes,60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guiltbeyond a reasonable doubt with respect to the conviction of burglary in the second degree.Moreover, in fulfilling our responsibility to conduct an independent review of the weight of theevidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we are satisfied that theverdict of guilt with respect to the conviction of burglary in the second degree was not against theweight of the evidence (see People vRomero, 7 NY3d 633, 644-645 [2006]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contentions are unpreserved for appellate review and, in anyevent, without merit. Angiolillo, J.P., Dickerson, Belen and Chambers, JJ., concur.