Opinion
Argued January 21, 2000
February 28, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered October 5, 1998, convicting him of robbery in the third degree and assault in the second degree, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Allison Wright of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., DANIEL W. JOY, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his argument that the evidence was legally insufficient to convict him of robbery in the third degree (see, CPL 470.05[2]). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt on that charge, as well as on the charge of assault in the second degree (see, People v. Moise, 199 A.D.2d 423 ). Moreover, on 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[5]).