Opinion
2014-04-9
The PEOPLE, etc., respondent, v. Raymond LEWIS, appellant.
John R. Lewis, Sleepy Hollow, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek and Itamar J. Yeger of counsel), for respondent.
John R. Lewis, Sleepy Hollow, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek and Itamar J. Yeger of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered November 1, 2011, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see People v. Hawkins, 11 N.Y.3d 484, 872 N.Y.S.2d 395, 900 N.E.2d 946;People v. Blume, 92 A.D.3d 1025, 1029, 937 N.Y.S.2d 724). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of robbery in the second degree beyond a reasonable doubt ( see Penal Law § 160.10[2][b] ). Since the defendant was found to be in possession of stolen property when he threatened the use of force, the jury could infer that he threatened the use of force to prevent or overcome resistance to the taking or retention of the property ( see People v. Jorge, 71 A.D.3d 604, 901 N.Y.S.2d 1;People v. Williams, 69 A.D.3d 662, 892 N.Y.S.2d 478;People v. Bynum, 68 A.D.3d 1348, 1349, 890 N.Y.S.2d 217;People v. Stone, 45 A.D.3d 1270, 844 N.Y.S.2d 813). Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902). DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.