Opinion
2000-03908
Argued January 17, 2002.
February 6, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered December 21, 1999, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ronna Gordon-Galchus, Bayside, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Ushir Pandit of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
The Supreme Court properly modified its Sandoval ruling (see, People v. Sandoval, 34 N.Y.2d 371), in light of the testimony presented by the defense (see, People v. Rodriguez, 85 N.Y.2d 586, 591; People v. Fardan, 82 N.Y.2d 638, 646; People v. McElroy, 239 A.D.2d 521).
The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal.
FLORIO, J.P., O'BRIEN, H. MILLER and TOWNES, JJ., concur.