Opinion
(IND. NO. 2175/97)
Submitted September 4, 2001.
October 9, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered June 8, 1999, convicting him of attempted robbery in the first degree (two counts), robbery in the third degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, and Johnnette Traill of counsel; Courtney L. Goodloe on the brief), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, DANIEL F. LUCIANO and STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of attempted robbery in the first degree and robbery in the third degree is unpreserved for appellate review (see, People v. Udzinski, 146 A.D.2d 245). 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. The evidence introduced at trial established that the defendant attempted to rob two of the complainants with what could reasonably be perceived as a firearm, and forcibly stole money from the third complaint (see, Penal Law § 110.00, 165.15; § 160.05; People v. Lopez, 73 N.Y.2d 214; People v. Robinson, 170 A.D.2d 702; People v. Brown, 160 A.D.2d 172). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).