SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
October 1, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MARGUERITE D. BORK, DEFENDANT-APPELLANT.
Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered May 9, 2007. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.
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., MARTOCHE, PERADOTTO, GREEN, AND GORSKI, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
On appeal from a judgment convicting her, following a jury trial, of murder in the second degree (Penal Law § 125.25 ), defendant contends that the evidence is legally insufficient to support the conviction. Defendant made only a general motion for a trial order of dismissal at the close of the People's case and thus has failed to preserve her contention for our review (see People v Gray, 86 NY2d 10, 19). Defendant also failed to preserve for our review her contention concerning the misstatement of County Court in its jury instructions concerning a date in the indictment (see People v Green, 35 AD3d 1211, 1212, lv denied 8 NY3d 985), as well as her contention that she was denied a fair trial based on prosecutorial misconduct (see People v Clark, 281 AD2d 947, 947-948, lv denied 96 NY2d 860), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see CPL 470.15  [a]). We have reviewed defendant's remaining contentions and conclude that they are without merit.
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