Opinion
March 30, 1995
Appeal from the Supreme Court, Bronx County (Lawrence Bernstein, J.).
Viewing the evidence in the light most favorable to the People (People v. Wong, 81 N.Y.2d 600, 608), a rational trier of fact could have found the elements of the offense to have been proven beyond a reasonable doubt. There was sufficient circumstantial evidence to support the verdict that the defendant's intent to rob the victim preceded, or was contemporaneous with, the intent to kill her. Nor was the verdict against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 494-495).
By failing to challenge the court's instruction on the permissive inference connected with defendant's recent and exclusive possession of stolen property, defendant has failed to preserve the claim for review (People v. Hoke, 62 N.Y.2d 1022). Since the court's instructions, as a whole, adequately conveyed to the jury that the defendant must be proven guilty beyond a reasonable doubt as to each element of each offense, we decline to review in the interest of justice. Finally, considering the brutality of the crime and the lack of mitigating circumstances, we find no basis to disturb the sentence imposed.
Concur — Ellerin, J.P., Wallach, Kupferman, Asch and Mazzarelli, JJ.