THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. BERNARD SIPLIN JR DEFENDANT APPELLANT (2023)

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, burglary in the first degree (Penal Law § 140.30 [4]). Although defendant contends that the conviction is not supported by legally sufficient evidence, his “general motion to dismiss at the close of the People's case did not preserve for our review any of his specific challenges on appeal to the sufficiency of the evidence” (People v Bubis, 204 AD3d 1492, 1493-1494 [4th Dept 2022], lv denied 38 NY3d 1149 [2022]; see generally People v Gray, 86 NY2d 10, 19 [1995]). Further, after viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). The sentence is not unduly harsh or severe. We have reviewed defendant's remaining contentions and conclude that they do not require reversal or modification of the judgment.

Entered: February 3, 2023

Ann Dillon Flynn

Clerk of the Court