Opinion
11-04-2015
The PEOPLE, etc., respondent, v. Jonathan CARRION, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Adrienne Wallace of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Adrienne Wallace of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Condon, J.), rendered September 27, 2013, convicting him of attempted robbery in the third degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05[2] ; People v. Hawkins, 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946 ; People v. Gumbs, 58 A.D.3d 641, 641, 871 N.Y.S.2d 347 ; People v. Crawford, 38 A.D.3d 680, 681, 832 N.Y.S.2d 254 ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that the evidence was legally sufficient to establish his guilt 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. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).
DILLON, J.P., MILLER, DUFFY and LaSALLE, JJ., concur.