Opinion
Submitted September 27, 2000
October 24, 2000.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J .), rendered October 30, 1997, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Steven A. Feldman, Roslyn, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
We reject the defendant's contention that he was penalized for exercising his right to a jury trial (see, People v. Pena, 50 N.Y.2d 400, cert denied 449 U.S. 1087; People v. Goolsby, 213 A.D.2d 722).
The County Court considered the appropriate factors in sentencing the defendant, and the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).