People v. Smith

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered December 3, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review since he did not specify this ground in his motion to *630dismiss at trial (see CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245), and we decline to reach the issue in the exercise of our interest of…