Opinion
No. 2008-02548.
July 19, 2011.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Ayres, J.), rendered February 15, 2008, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.
Joseph A. Hanshe, P.C., Sayville, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Sarah S. Rabinowitz of counsel; Andrew Saraga on the brief), for respondent.
Before: Dillon, J.P., Leventhal, Hall and Lott, JJ.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the police had probable cause to arrest him ( see People v Stays, 265 AD2d 585; People v Palacio, 121 AD2d 282, 283; see also People v Mitchell, 166 AD2d 676).
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 of robbery in the third degree beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).
The defendant's contention that he was deprived of a fair trial as a result of the prosecutor's summation is unpreserved for appellate review ( see CPL 470.05; People v Malave, 7 AD3d 542; People v Bruen, 136 AD2d 648, 649). In any event, the defendant's contention is without merit ( see People v Paul, 82 AD3d 1267, 1267-1268, lv denied 16 NY3d 898; People v Adamo, 309 AD2d 808, 810; People v Phillips, 285 AD2d 477, 478; People v Hill, 176 AD2d 755, 756).