Opinion
1996-02885
Submitted January 24, 2002.
February 19, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered March 12, 1996, convicting him of robbery in the second degree, after a nonjury trial, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Elizabeth Manning of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Camille O'Hara Gillespie, and Esther Noe of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence of physical injury was legally insufficient to support the conviction of robbery in the second degree is unpreserved for appellate review since he never specifically raised this issue in his motion for a trial order of dismissal (see, CPL 470.05; People v. McLean, 191 A.D.2d 517; People v. Turman, 172 A.D.2d 637; People v. Wright, 161 A.D.2d 743, 744). Moreover, we decline to reach this issue in the exercise of our interest of justice jurisdiction (see, People v. Person, 221 A.D.2d 377, 378; People v. Oakman, 215 A.D.2d 596; People v. Lawrence, 212 A.D.2d 638).
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; People v. Cooper, 88 N.Y.2d 1056, 1058).
GOLDSTEIN, J.P., FRIEDMANN, McGINITY and H. MILLER, JJ., concur.