Opinion
March 5, 1992
Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).
Defendant, driving a beige station wagon, pulled in front of the 15-year-old complainant and with the assistance of two co-perpetrators robbed the youth at knife-point. The complainant's father immediately called police, and provided a description. Shortly thereafter, defendant was stopped for a traffic infraction a block away from the scene of the robbery. As the officer was writing a summons, the report of the crime was transmitted, and defendant was arrested. The complainant's property was recovered from the perpetrators, as were knives from defendant and one other perpetrator. Viewing the evidence in the light most favorable to the People (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), under the standards set forth in People v Bleakley ( 69 N.Y.2d 490, 495), defendant's guilt was proved beyond a reasonable doubt by overwhelming evidence, and the verdict was not against the weight of that evidence. By failing to specifically object to the court's reasonable doubt charge, defendant has failed to preserve any challenge to the charge for review (CPL 470.05; People v Robinson, 36 N.Y.2d 224). We decline to review in the interest of justice. Were we to do so, we would find that the charge substantially conveyed the appropriate fundamental principles.
Concur — Murphy, P.J., Rosenberger, Ellerin and Kassal, JJ.