People v. Davis

—Judgment unanimously affirmed. Memorandum: Defendant was convicted of murder in the second degree and criminal possession of a weapon in the fourth degree in the strangulation death of Patricia Ferguson. By failing to make a motion to dismiss at the close of the People’s proof addressed specifically to the failure of proof on the element of intent, defendant failed to preserve for review his present argument that the evidence is insufficient to prove that he intended to kill the victim (see, People v McCall, 88 NY2d 838; People v Wosu, 87 NY2d 935; People v Gray, 86 NY2d 10, 19). In any…