SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
March 20, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JASON J. ALEJANDRO, DEFENDANT-APPELLANT.
Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered September 4, 2007. The judgment convicted defendant, upon a non-jury verdict, of criminal possession of a controlled substance in the seventh degree and unlawful possession of marihuana.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, CARNI, AND GREEN, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him after a non-jury trial of criminal possession of a controlled substance 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). In any event, defendant's challenge lacks merit (see generally People v Bleakley, 69 NY2d 490, 495), 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; People v Stultz, 2 NY3d 277, 287, rearg denied 3 NY3d 702). Viewing the evidence in light of the elements of the crimes in this non-jury trial (see People v Danielson, 9 NY3d 342, 349), we conclude that the verdict is not against the weight of the evidence (see generally Bleakley, 69 NY2d at 495).
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