THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. MARGARET MOONEY DEFENDANT APPELLANT (2014)

MEMORANDUM AND ORDER

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

Memorandum:  On appeal from a judgment convicting her following a jury trial of assault in the second degree (Penal Law § 120.05[6] ) and two counts of robbery in the second degree (§ 160.10[1], [2][a] ), defendant contends that the evidence of physical injury is legally insufficient to support her conviction.   Because defendant's motion for a trial order of dismissal was not “ ‘specifically directed’ at th[at] alleged error,” defendant failed to preserve her contention for our review (People v. Gray, 86 N.Y.2d 10, 19).   Contrary to defendant's further contention, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 NY3d 342, 349), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495;  People v. Robinson, 104 AD3d 1312, 1312, lv denied 21 NY3d 1008).

Frances E. Cafarell

Clerk of the Court