Opinion
2002-00425
Submitted June 17, 2003.
September 8, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered January 3, 2002, as amended March 26, 2002, convicting him of robbery in the first degree and attempted robbery in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Matthew J. Sypniewski of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., SANDRA L. TOWNES, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment as amended is affirmed.
The defendant's contention that the People failed to adduce legally sufficient proof of his identity as the robber beyond a reasonable doubt is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19-21). In any event, viewing the evidence in the light most favorable to the People ( 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).
PRUDENTI, P.J., TOWNES, MASTRO and RIVERA, JJ., concur.