Opinion
1999-10435 2000-07199
Argued June 25, 2001.
December 17, 2001.
Appeals by the defendant (1) from a judgment of the Supreme Court, Queens County (Rios, J.), rendered October 29, 1999, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence, and (2), by permission, from an order of the same court, dated June 23, 2000, which, after a hearing, denied his motion pursuant to CPL 440.10 to vacate the judgment of conviction.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Keith Kalmus of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, NANCY E. SMITH, STEPHEN G. CRANE, JJ.
ORDERED that the judgment and the order are affirmed.
Viewing the evidence in a light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish his guilt beyond a reasonable doubt. 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 without merit.
SANTUCCI, J.P., S. MILLER, SMITH and CRANE, JJ., concur.