Opinion
2001-07391.
Decided May 3, 2004.
Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.), rendered August 7, 2001, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Steven A. Feldman, Hauppauge, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (John F. McGlynn of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence adduced at trial was legally insufficient to establish his identity as the robber is unpreserved for appellate review since he did not specify this ground in his motion to dismiss at trial ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19-21; People v. Udzinski, 146 A.D.2d 245). 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 it was legally sufficient to establish the defendant's identity and guilt of robbery in the first degree beyond a reasonable doubt ( see People v. Hoffman, 2 A.D.3d 749).
The defendant's remaining contentions either are without merit or do not require reversal.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.