Opinion
2002-01411
Submitted October 23, 2003.
November 17, 2003.
Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered January 11, 2002, convicting him of robbery in the first degree, robbery in the second degree, criminal possession of a weapon in the third degree, criminal possession of stolen property in the fourth degree, and resisting arrest, upon a jury verdict, and imposing sentence.
Virginia Boccio, North Massapequa, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Margaret E. Mainusch of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the evidence was legally insufficient to establish his guilt of robbery in the first and second degrees beyond a reasonable doubt because there was insufficient evidence that he used force to prevent or overcome resistance to the taking of property or to the retention thereof immediately after the taking, or that he was aided by another person actually present. The defendant has failed to preserve such contentions for appellate review, since he did not specify these grounds in his motion to dismiss at trial ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; 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 guilt beyond a reasonable doubt.
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., McGINITY, SCHMIDT and ADAMS, JJ., concur.