PEOPLE v. VILLA (2008)

Defendant appeals from a judgment convicting him after a nonjury trial of burglary in the third degree (Penal Law § 140.20).   Because defendant's motion for a trial order of dismissal was not “ ‘specifically directed’ at the alleged error” asserted on appeal, defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (People v. Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919).   In any event, that contention lacks merit and, contrary to defendant's further contention, the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).

The contention of defendant that the record fails to establish that his waiver of the right to a jury trial was signed in open court, as required by N.Y. Constitution, article I, § 2 and CPL 320.10(2), is belied by the record (see People v. White, 43 A.D.3d 1407, 842 N.Y.S.2d 661, lv. denied 9 N.Y.3d 1010, 850 N.Y.S.2d 398, 880 N.E.2d 884).   We have considered defendant's remaining contention and conclude that it is without merit.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: