Opinion
March 5, 1998
Appeal from the Supreme Court, Bronx County (Ira Globerman, J.).
Defendant's conviction of robbery in the first degree was supported by legally sufficient evidence, including testimony by the victim and police witnesses that, after threatening to shoot the complainant, defendant picked up a rock of substantial size and held it in his outstretched hand while the complainant relinquished his property. The jury could have reasonably concluded that this conduct constituted an implied threat to use the rock (see, Penal Law § 160.15; People v. Lopez, 161 A.D.2d 670, lv denied 76 N.Y.2d 791).
Defendant's challenges to the language employed by the court in conveying the reasonable doubt standard require preservation and are unpreserved for appellate review (see, People v. Thomas, 50 N.Y.2d 467), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the charge as a whole conveyed the proper legal standard (People v. Cubino, 88 N.Y.2d 998; People v. Fields, 87 N.Y.2d 821).
Concur — Sullivan, J. P., Milonas, Williams, Andrias and Saxe, JJ.