Opinion
2004-02285.
November 7, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered February 25, 2004, convicting him of attempted robbery in the third degree (two counts), upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.
Brodt, and Traci R. Wilkerson of counsel), for respondent.
Before: Goldstein, J.P., Skelos, Fisher and Lunn, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of attempted robbery in the third degree is in part unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10; People v. Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v. Shaw, 160 AD2d 1032). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the credible evidence ( see CPL 470.15).
The defendant's remaining contentions are either unpreserved for appellate review or do not require reversal.