Opinion
1998-01885
Submitted February 25, 2003.
March 17, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered February 25, 1998, convicting him of robbery in the first degree and attempted escape in the first degree, upon a jury verdict, and imposing sentence.
Ethel P. Ross, Rye, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Florence M. Sullivan of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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).
The Supreme Court properly discharged two sworn jurors as "grossly unqualified" (CPL 270.35), since they each possessed a state of mind which would prevent the rendering of an impartial verdict (see People v. Buford, 69 N.Y.2d 290).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., SMITH, LUCIANO and COZIER, JJ., concur.