Opinion
2001-05645
Argued October 31, 2003.
November 17, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered May 14, 2001, convicting him of robbery in third degree, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Donna Aldea, and Kristen Marcelle of counsel; Brian Allen on the brief), for respondent.
Before: SONDRA MILLER, J.P., WILLIAM D. FRIEDMANN, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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 of robbery in third degree 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).
S. MILLER, J.P., FRIEDMANN, TOWNES and MASTRO, JJ., concur.