Opinion
Submitted March 7, 2000.
April 24, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered December 15, 1998, convicting him of robbery in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Robert E. Nicholson, Brooklyn, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, and Marie-Claude P. Wrenn of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's assertion, the trial court providently exercised its discretion in rendering its Sandoval ruling (see,People v. Walker, 83 N.Y.2d 455 ; People v. Pavao, 59 N.Y.2d 282 ; People v. Sandoval, 34 N.Y.2d 371 ).
Viewing the evidence in the light most favorable to the prosecution (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[5]).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
The defendant's remaining contentions are without merit.