Opinion
May 1, 1995
Appeal from the County Court, Westchester County (LaCava, J.).
Ordered that the judgment is affirmed.
The defendant's contention that his guilt was not proven by legally sufficient evidence is unpreserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the People, we find there was legally sufficient evidence to establish the essential elements of robbery in the third degree beyond a reasonable doubt (see, People v Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15).
The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Finally, the challenge to the imposition of the mandatory surcharge is premature (see, People v Burke, 204 A.D.2d 345). Balletta, J.P., Ritter, Altman and Goldstein, JJ., concur.