Opinion
February 7, 2001.
Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Robbery, 1st Degree.
Pine, J. P., Hurlbutt, Scudder, Kehoe and Burns, JJ.
Judgment unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of robbery in the first degree (Penal Law § 160.15), robbery in the second degree (Penal Law § 160.10 [a]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01), defendant contends that the verdict is against the weight of the evidence. We disagree ( see generally, People v. Bleakley, 69 N.Y.2d 490, 495). Although no one saw defendant take the items from the Rite-Aid store, the circumstantial evidence of defendant's guilt is overwhelming. We further conclude that the sentence is neither unduly harsh nor severe.