Opinion
April 18, 1995
Appeal from the Supreme Court, Bronx County, Lawrence Tonetti, J., Ira Globerman, J.
Viewing the evidence in the light most favorable to the People (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), the People established defendant's guilt beyond a reasonable doubt where he was immediately identified after the robbery and arrested in possession of seven of the nine half dollar coins taken from the cash register. (See, People v Bleakley, 69 N.Y.2d 490.)
The court properly denied without a hearing defendant's motion to vacate his conviction since the trial court did not conduct a Sandoval hearing in defendant's absence, but entertained legal arguments as to whether to adhere to the hearing court's Sandoval ruling. (People v Velasco, 77 N.Y.2d 469, 472.)
Concur — Murphy, P.J., Rubin, Asch, Williams and Mazzarelli, JJ.