60 A.D.3d 1381 876 N.Y.S.2d 281

The People of the State of New York, Respondent, v Jason J. Alejandro, Appellant.

[876 NYS2d 281] —

Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered September 4, 2007. The judgment convicted defendant, upon a nonjury verdict, of criminal possession of a controlled substance in the seventh degree and unlawful possession of marihuana.

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

Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of criminal possession of a controlled *1382substance in the seventh degree (Penal Law § 220.03) and unlawful possession of marihuana (§ 221.05). Defendant made only a general motion for a trial order of dismissal, and thus failed to preserve for our review his challenge to the legal sufficiency of the evidence (see People v Gray, 86 NY2d 10, 19 [1995]). In any event, defendant’s challenge lacks merit (see generally People v Bleakley, 69 NY2d 490, 495 [1987]), and we therefore reject the further contention of defendant that defense counsel was ineffective for failing to preserve that challenge for our review (see People v Caban, 5 NY3d 143, 152 [2005]; People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]). Viewing the evidence in light of the elements of the crimes in this nonjury trial (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally Bleakley, 69 NY2d at 495). Present—Scudder, P.J., Smith, Peradotto, Garni and Green, JJ.

People v. Alejandro
60 A.D.3d 1381 876 N.Y.S.2d 281

Case Details

Name
People v. Alejandro
Decision Date
Mar 20, 2009
Citations

60 A.D.3d 1381

876 N.Y.S.2d 281

Jurisdiction
New York

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