Opinion
October 6, 1997
Appeal from the County Court, Suffolk County (Corso, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was not legally sufficient to establish his use of force beyond a reasonable doubt is unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250). 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 use of force beyond a reasonable doubt. The People produced evidence that the defendant put the victim in a bear hug and wrestled with her for five or ten seconds before he was able to take her money. 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).
Bracken, J.P., Copertino, Sullivan and McGinity, JJ., concur.