Opinion
May 20, 1985
Appeal from the Supreme Court, Kings County (Hellenbrand, J.).
Judgment affirmed.
Defendant contends that his conviction of robbery in the third degree was contrary to the weight and sufficiency of the evidence. We disagree. The evidence adduced at trial, when viewed in the light most favorable to the People, is sufficient to establish defendant's guilt beyond a reasonable doubt ( People v Contes, 60 N.Y.2d 620, 621). We also find no merit to defendant's contention that the second felony offender statute (Penal Law § 70.06) is unconstitutional ( People v. Vasquez, 104 A.D.2d 1012). Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.