Opinion
2013-11-20
The PEOPLE, etc., respondent, v. Yadev BISNAUTH, appellant.
Goldstein & Weinstein, Bronx, N.Y. (Barry A. Weinstein of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jill A. Gross–Marks of counsel), for respondent.
Goldstein & Weinstein, Bronx, N.Y. (Barry A. Weinstein of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jill A. Gross–Marks of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered November 30, 2004, convicting him of robbery in the first degree, robbery in the second degree, assault in the second degree, criminal possession of a weapon in the fourth degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Rios, J.), of those branches of the defendant's omnibus motion which were to suppress physical evidence and identification testimony.
ORDERED that the judgment is affirmed.
The defendant's contentions with respect to the denial of those branches of his omnibus motion which were to suppress physical evidence and identification testimony are without merit ( see People v. Narine, 111 A.D.3d 853, 975 N.Y.S.2d 677 [decided herewith]; People v. Alston, 53 A.D.3d 585, 860 N.Y.S.2d 404; People v. Bennett, 37 A.D.3d 483, 484, 829 N.Y.S.2d 206; People v. Nieves, 26 A.D.3d 519, 809 N.Y.S.2d 586; People v. Day, 8 A.D.3d 495, 496, 778 N.Y.S.2d 513; People v. Ulmer, 134 A.D.2d 634, 635, 521 N.Y.S.2d 526; People v. Hampton, 129 A.D.2d 736, 737, 514 N.Y.S.2d 496).
The defendant's contention that the evidence was not legally sufficient to establish his guilt of the crimes of which he was convicted is unpreserved for appellate review ( seeCPL 470.05[2] ). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of those crimes beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053, cert. denied542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828).
The defendant's claim that he was deprived of a fair trial by the prosecutor's summation is unpreserved for appellate review and, in any event, without merit ( see People v. McDonald, 82 A.D.3d 1125, 1126, 918 N.Y.S.2d 784; People v. McCall, 80 A.D.3d 626, 628, 914 N.Y.S.2d 291; People v. Perez, 77 A.D.3d 974, 909 N.Y.S.2d 644).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant's remaining contention is without merit. MASTRO, J.P., LEVENTHAL, AUSTIN and SGROI, JJ., concur.