Opinion
2002-06560.
Decided May 10, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered June 24, 2002, convicting him of attempted robbery in the first degree, assault in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Michael McGuire of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to prove his identity as the perpetrator is unpreserved for appellate review ( see CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. White, 192 A.D.2d 736; People v. Pittman, 186 A.D.2d 282). 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 guilt beyond a reasonable doubt ( see People v. White, supra; People v. Sierra, 191 A.D.2d 657; People v. Baxter, 157 A.D.2d 788). 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 defendant's remaining contention is unpreserved for appellate review ( see People v. Creech, 60 N.Y.2d 895), and we decline to reach it in the exercise of our interest of justice jurisdiction.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.