Opinion
Submitted September 15, 2000.
October 16, 2000.
Appeal by the defendant from (1) a judgment of the Supreme Court, Kings County (Feldman, J.), rendered June 27, 1996, convicting him of robbery in the first degree under Indictment No. 4871/95, upon a jury verdict, and imposing sentence, and (2) an amended judgment of the same court, also rendered June 27, 1996, revoking a sentence of probation previously imposed by the same court (Rienzi, J.), upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal possession of stolen property in the fourth degree under Indictment No. 2598/91.
Mercedes Neira, Brooklyn, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment and the amended judgment are 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 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 trial court providently exercised its discretion in denying the defendant's request for an adjournment to obtain a fingerprint expert (see, Matter of Anthony M., 63 N.Y.2d 270, 283-284; People v. Santos, 179 A.D.2d 790; People v. Daniels, 128 A.D.2d 632).
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05; People v. Waters, 90 N.Y.2d 826, 828; People v. Blacks, 221 A.D.2d 351), or without merit.