Opinion
2011-09-27
The PEOPLE, etc., respondent,v.Alberto PEDROZA–CASTILLO, appellant.
Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Daniel I.A. Smulian of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered December 7, 2009, convicting him of attempted robbery in the first degree, criminal possession of a weapon in the third degree, and menacing in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his conviction of attempted robbery in the first degree was not supported by legally sufficient evidence is unpreserved for appellate review ( see CPL 470.05[2]; People v. Hawkins, 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v. Norris, 196 A.D.2d 512, 513, 600 N.Y.S.2d 754; People v. Harris, 191 A.D.2d 643, 595 N.Y.S.2d 217). Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt as to attempted robbery in the first degree was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).
The sentence imposed was not excessive ( see People v. Nelson, 56 A.D.3d 899, 868 N.Y.S.2d 776; People v. Parker, 305 A.D.2d 871, 872, 758 N.Y.S.2d 846; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant's remaining contention is without merit.
PRUDENTI, P.J., RIVERA, AUSTIN and ROMAN, JJ., concur.