Opinion
April 6, 1998
Appeal from the Supreme Court, Queens County (Rosenzweig, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
After a jury trial, the defendant and his codefendant, Derek Mackey, were convicted of first and second degree robbery in connection with a gunpoint robbery on a Queens street. The defendant's contention that his guilt was not proven by legally sufficient evidence is unpreserved for appellate review ( see, People v. Bynum, 70 N.Y.2d 858). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
The defendant's conviction must be reversed, however, because he was substantially prejudiced by the People's delay in providing Rosario material ( see, People v. Mackey, 249 A.D.2d 329 [decided herewith]).
In light of our determination, we need not address the defendant's remaining contentions.
O'Brien, J.P., Joy, Altman and Luciano, JJ., concur.