Opinion
2001-10888
Submitted September 26, 2003.
October 27, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered December 11, 2001, convicting him of robbery in the third degree (two counts) and attempted robbery in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Camille O'Hara Gillespie, and Helen M. Polyzos of counsel), for respondent.
Before: NANCY E. SMITH, J.P., STEPHEN G. CRANE, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to prove his identity as the perpetrator of two robberies and an attempted robbery is not preserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Green, 288 A.D.2d 321; People v. White, 192 A.D.2d 736; People v. Udzinski, 146 A.D.2d 245, 250). 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 identity beyond a reasonable doubt ( see People v. Ricone, 288 A.D.2d 402). 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 sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
SMITH, J.P., CRANE, MASTRO and RIVERA, JJ., concur.