People v. Weakfall

Memorandum:

Defendant appeals from a judgment convicting him, after a nonjury trial, of burglary in the third degree (Penal Law § 140.20), petit larceny (§ 155.25), and criminal mischief in the fourth degree (§ 145.00 [1]). Even assuming, arguendo, that defendant’s motion for a trial order of dismissal at the close of the People’s proof was specifically directed at the alleged legal insufficiency of the evidence to support the conviction raised by defendant on appeal (see People v Gray, 86 NY2d 10, 19 [1995]), we conclude that defendant failed to renew that motion after presenting evidence and…