Opinion
June 15, 1992
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the judgment is affirmed.
The defendant contends that the evidence adduced at trial was legally insufficient to prove his guilt of robbery in the second degree in that the People failed to establish that he possessed the requisite intent to permanently deprive the complainant of his keys. However, since the defendant did not move for a trial order of dismissal on this ground, the issue is unpreserved for appellate review (see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Heron, 180 A.D.2d 750). In any event, viewing the evidence adduced at trial 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Lawrence, Copertino and Santucci, JJ., concur.