People v. Lawrence

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered December 22, 2003, convicting him of assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the evidence was legally insufficient to establish his identity as the shooter, since he did not make a motion to dismiss at trial (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]; People v Toney, 12 AD3d 623 [2004]).…