People v. Royster ( 1998 )

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fisher, J.), rendered July 29, 1996, convicting him of murder in the secqnd degree and manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s legal sufficiency claim is unpreserved for appellate review because his motion for a trial order of dismissal was not specific (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Cannon, 224 AD2d 439; People v Pinder, 199 AD2d 544). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5].

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). Ritter, J. P., Thompson, Goldstein and McGinity, JJ., concur.