PEOPLE v. BORK

Memorandum: On appeal from a judgment convicting her, following a jury trial, of murder in the second degree (Penal Law § 125.25), defendant contends that the evidence is legally insufficient to support the conviction. Defendant made only a general motion for a trial order of dismissal at the close of the People's case and thus has failed to preserve her contention for our review ( see People v Gray, 86 NY2d 10, 19). Defendant also failed to preserve for our review her contention concerning the misstatement of County Court in its jury instructions concerning a date in the indictment ( see People v Green, 35 AD3d 1211, 1212, lv denied 8 NY3d 985), as well as her contention that she was denied a fair trial based on prosecutorial misconduct ( see People v Clark, 281 AD2d 947, 947-948, lv denied 96 NY2d 860), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). We have reviewed defendant's remaining contentions and conclude that they are without merit.