Opinion
Submitted April 20, 2001.
May 14, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered August 26, 1999, convicting him of attempted robbery in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Gabriel Tapalaga of counsel), for respondent.
Before: O'BRIEN, J.P., FRIEDMANN, FEUERSTEIN and COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his argument regarding the legal sufficiency of the evidence (see, CPL 470.05; People v. Colavito, 70 N.Y.2d 996, 997; People v. Bynum, 70 N.Y.2d 858, 859; People v. Fryar, 276 A.D.2d 641; People v. Lewis, 251 A.D.2d 598). 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 there was legally sufficient evidence to establish beyond a reasonable doubt that the defendant attempted to commit robbery in the second degree, in that he intended to forcibly take property from the complainant while being aided by others (see, People v. Luke, 279 A.D.2d 534; Penal Law § 110 and 160.10[1]). Moreover, upon the exercise of our factual review power, we find that the jury verdict was not against the weight of the evidence (see, CPL 470.15).