PEOPLE v. HARDY (2007)

 Defendant appeals from a judgment convicting him following a jury trial of, inter alia, murder in the second degree (Penal Law § 125.25[4] ) arising out of the death of a two-year-old girl.   We reject the contention of defendant that County Court erred in denying his motion for a change of venue to a court outside Jefferson County.   The motion was made prior to jury selection and was therefore premature (see People v. Mateo, 239 A.D.2d 965, 662 N.Y.S.2d 279).   Furthermore, defendant failed to preserve for our review his challenge to the venue of the trial inasmuch as he failed to renew his motion for a change of venue after his initial motion was denied (see People v. Brockway, 255 A.D.2d 988, 683 N.Y.S.2d 671, lv. denied 93 N.Y.2d 967, 695 N.Y.S.2d 52, 716 N.E.2d 1097).   In any event, the record fails to establish that any of the selected jurors had formed an opinion with respect to defendant's guilt or innocence based on news reports of the events underlying the crimes.

 Defendant failed to comply with the requirements of CPL 270.10(2) and thus waived his challenge to the racial composition of the jury panel (see People v. Bradley, 247 A.D.2d 929, 668 N.Y.S.2d 788, lv. denied 91 N.Y.2d 940, 671 N.Y.S.2d 719, 694 N.E.2d 888).   In any event, defendant failed to demonstrate that a specific race was systematically excluded from the panel (see id.).

Defendant failed to preserve for our review his contention that the conviction is not supported by legally sufficient evidence (see People v. Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919).   Finally, defendant was not denied effective assistance of counsel (see generally People v. Baldi, 54 N.Y.2d 137, 146-147, 444 N.Y.S.2d 893, 429 N.E.2d 400), and the sentence is not unduly harsh or severe.

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

MEMORANDUM: