Filed Date: 12/31/2008
Status: Precedential
Modified Date: 11/1/2024
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia, burglary in the first degree (Penal Law § 140.30 [4]) and attempted assault in the first degree (§§ 110.00, 120.10 [1]). As we previously determined on the appeal of the codefendant, Supreme Court did not err in charging the jury with respect to attempted assault in the first degree (People v McDaniels, 19 AD3d 1071 [2005], lv denied 5 NY3d 830 [2005]). Defendant’s further contention that the evidence is legally insufficient to support the conviction of attempted assault is not preserved for our review because defendant failed to renew his motion for a trial order of dismissal on that ground after presenting evidence (see People v Hines, 97 NY2d 56, 61 [2001], rearg denied 97 NY2d 678 [2001]; McDaniels, 19 AD3d 1071 [2005]). We also reject defendant’s contention that the verdict is against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).
Contrary to the further contention of defendant, we conclude that the police had reasonable suspicion to stop defendant based on the totality of the circumstances (see People v Kirkland, 49 AD3d 1260 [2008], lv denied 10 NY3d 961 [2008]; see generally People v Martinez, 80 NY2d 444, 447 [1992]). Here, the record of the suppression hearing establishes that the police encoun