People v. Manuel

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a nonjury verdict of two counts of assault in the second degree (Penal Law § 120.05 [3]), defendant contends that the conviction is not supported by legally sufficient evidence because the officers were not engaged in a lawful duty when they were injured. By failing to move for a trial order of dismissal on that ground, defendant failed to preserve his contention for our review (see People v Gray, 86 NY2d 10 , 19 [1995]; People v Townsley, 50 AD3d 1610 , 1611 [2008], lv denied 11 NY3d 742 [2008]). Contrary to defendant’s further contention, viewing the evidence in light of the elements of the crimes in this nonjury trial (see People v Danielson, 9 NY3d 342 , 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490 , 495 [1987]). We have reviewed defendant’s remaining contention and conclude that it is without merit. Present — Centra, J.P., Fahey Carni, Green and Pine, JJ.